
^^ 



MESSAGE 



OF 



GOVERNOR O. B. COLQUITT 
to the Thirty-third Legislature 



^ 



RELATING TO THE 



ALAMO PROPERTY 




YON BOECKMAMN-IONB3 CO., PRIMTERS 
AUSTIN, TEXAS 
1913 



IDIM 13-10(10 



MESSAGE 



OF 



GOVERNOR O. B. COLQUITT 
to the Thirty-third Legislature 



96 



RELATING TO THE 



ALAMO PROPERTY 




VON BOECKMANN-JONES CO., PRIMTERS 
AUSTIN, TEXAS 
1913 






D. OF B. 
IVIAR 38 1913 



■\5l 



I 



Governor's Office, 
Austin, Texas, March 6, 1913. 
To the Scuni" fiwl Jlon.<c of ncjiresenlatives : 

[ transmit lio'cwidi. in printed form, title papers and al)straet to the 
Alamo p!-operty. wliich now belongs to tlie State, and situated in the 
city of San Antonio. 

These title pa])ers are inchided in Part 1, Exliil)its "A" and "B," and 
include all pa|)ei's relating to the Alamo property down to and including 
tlie i\cQ(] made to the State for the last piece of property purchased by it. 

Part 2 comprises data and information about the Ahimo and the siege 
and massacre of th.e Texans on March 6,,1S3G — seventy-seven years ago 
tod.ay. 

Part 3 is a discussion of the siege and fall of the Alamo l)v Captain 
1 'otter. 

T have liad this data and information in the hands of the printer for 
<]uite a while, and hail intended to send a message to tlie Legislature 
transmitting the same for its information. My purpose was to aecom- 
])any this data l»y a discu-^sion of the siege and fall of the x\larao and 
such historical data as I have been searching for, but which I have not 
been able to obtain. Since the Legislature convened I had letters and 
telegrams from President Madero of ACexico assuring me that he had in 
process of copying the reports of General Santa Anna, giving informa- 
tion, from his standpoint, of the siege and massacre of the Texans in 
the Alamo, l)ut before it could be forwarded to me the revolution in the 
rity of Mexico broke out and President Madero was deposed as Presi- 
dent and lost his life. 

T have been verv deeply interested in the history of the Alamo, and 
regret that necessity compels me to forego a discussion of the matters 
and events relating to the siege and fall of the Alamo, which, at this 
time, would seem to be very interesting. I hope at some future time, 
when I have moie leisure in do so, to present these observations for what- 
ever they mav be woi-tl; to the patriotic Texans who are interested in 
the true history of thi-; monument to the valor of Texans. I must con- 
tent myself. howe\(M'. at this time, \\ith this bri(>f i^ommunication trans- 
mitting to you the printed data and information already referred to 
which is herewith respectfully transmitted. 

Pespectfully, 

0. B. Colquitt, 
Governor of Texas. 



PART ONE. 



EXHIBIT "A." 

Showing Title Papers to the Alamo Church, or Chapel, Purchased 
by the State of Texas, From Catholic Bishop. 



POWER OF ATTORNEY— JNO. M. ODIN TO B. CALLAGHAN. 

STATE OF TEXAS. 
County of Galveston. 

Know all men by these presents that I, John M. Odin, Roman Catholic Bishop 
of Galveston and Chief Pastor of the Roman Catholic Church in the State of 
Texas, have constituted and appointed and by these presents do constitute and 
appoint Mr. B. Callaghan of San Antonio de Bejar my true and lawful agent 
and attorney in fact for the following purposes,- namely: 

Whereas I have been informed that the cor])oration of the town of San Antonio 
de Bejar wider some pretended claim to the Church of the Alamo and the 
buildings connected therewith have caused the rents of the said buildings and 
church, payable to me by the Government of the United States, to be sequestered 
or in some way seized in the hands of the law. Now this is to authorize my 
said agent to sign my name and affix my seal to any bond or bonds which may 
be necessary or convenient in order to replevy the said rents and property so se- 
questered or seized, and for this purpose to do all and every act whatsoever which 
I myself could do if present and acting. 

And I hereby bind myself, my heirs, executors, administrators and successors in 
office to ratify and confirm, warrant and defend, all the acts of my said agent in 
the premises. 

In witness whereof I have hereunto signed my name and put my seal this I8th 
day of March in the year of our Lord one thousand eight hundred fifty, the words 
"my true and lawful agent and attornei/ in fact" having been interlined in the 
sixth line of this instrument before signing and sealing. 

J. M. ODIN, 

(Seal) Bishop of Galveston. 

STATE OF TEXAS. 
County of Galveston. 

Before me, Jas. P. Nash, a Notary Public in and for the county of Galveston, 
being duly commissioned to practice, personally appeared John M. Odin, Bishop of 
Galveston, to me known, who acknowledged he had signed, sealed and delivered 
the annexed or foregoing power of attorney for the purposes therein set forth. 

In testimonv of whicli I have hereunto set mv hand with the impress of mv 
official seal, tliis 18th dav of March, A. D. 1850. ' 

JAMES P. NASH, 

N. P., C. G. 

Filed in the office of the Secretary of State this 4th dav of October. 1005. 

O! K. SHANN'ON. 
Seeretarv of State. 
STATE OF TEXAS. 
County of Galveston. 

Know all men by these presents that I, John M. Odin. Bishop of Galveston in 
the State of Texas, in consideration of the special trust and confidence which I 
repose in B. Callaghan of the county of Bejar, have constituted and appointed, 
and by these presence constitute and appoint, the said B. Callaghan my true and 
lawful agent and attorney in fact for the following purposes: 



Namely, in my name and for me to demand and receive from the proper 
officers of the United States possession of The Alamo at San Antonio de Bejar, 
with its appnrtenances, also to rent and lease the same to the United States or 
any of their properly authorized oflicers for such term of years and for such rent 
as he, my said agent in his good judgment may think" proper ; and for. these 
purposes to sign my name and put my seal to any writing or contract necessary 
or convenient in this intent. 

And I the said John M. Odin, Bishop as aforesaid, hereby bind myself, my 
heirs, executors and administrators, and my successors in the office of Bishop to 
warrant and defend, to ratify and confirm all the acts of my said agent in the 
premises. 

In testimony of all which I have hereunto signed my name and affixed my .seal 
this fourth day of December in the year of our Lord one thousand eight hundred 
forty-nine. 

J. M. ODIN, 

(Seal) Bishop of Galveston. 

THE STATE OF TEXAS, 
County of Galveston. 

Before me, James P. Nash, notary public in and for the county of Galveston, 
being duly commissioned, etc., personally appeared John M. Odin, Bishop of Gal- 
veston, Texas, known to me, who acknowledged he had signed, sealed and de- 
livered the foregoing power of attorney for the purposes therein particularly ex- 
pressed. 

In testimony of which I the said notary hereunto subscribe my name with the 
impress of mv official seal this 4th day of December, A. D. 1849. 

JAMES P. NASH, 

(Seal) Notary Public Co. Galveston. 

(Endorsed: Power of Attorney.) 

Endorsed: Filed in the office of the Secretary of State, this 4 day of Oct., 1905. 

O. K. SHANNON, 
Secretary of State. 

CERTIFIED COPY OF A DEED OF REV. A. GAUDET TO RT. REV. C. M. 

DUBUIS. 

THE STATE OF TEXAS, 
County of Galveston. 

Know all men by these presents. That I, A. Gaudet formerly a priest of the 
Diocese of Galveston and sole surviving legatee and devise under the last will and 
testament of the lat Right Reverant J. M. Odin, Bishop of Galveston, Texas, for 
and in consideration of one dollar to me paid by the Right Reveiend Claudius 
Moria Dubuis. the successor in office of the sold Right Reverend J. M. Odin Bishop 
and in consideration of the purpose and Trust declared in the said last will and 
testament and in pursuance and performance of the directions therein contained 
of which said sum of money the receipt is hereby acknowledged have granted bar- 
gained sold released and conveyed unto the said Right. Reverend Claudius Moria 
Dubuis of Galveston aforesaid all of the following described premises viz. All and 
singular the property and estate seal personal at mixed reights credits assets and 
values of whatever nature or character bequeathed or devised to me in and by 
said last will and Testament in conjunction with the late Very Reverend L. C. M. 
Claudius noAV deceased or in to or about which I am or might be in anywise 
entitled under and by fore of said Lst Will and testament together with all and 
singular the rights members here testament appuoteances tenements and improve- 
ments unto the same belonging or in anywise incoent or appertaining. 

To Have and To Hold all and singular the premises above mentioned unto him 
the said Right Reverend Claudius Moria Dubuis Bishop of Galveston as afore- 
said and unto his heirs and assigns forever And I do hereby Bind myself and 
my heirs executed and administrators to warrant and forever defend all and 
singular the premises aforesaid unto the said Right Reverend Claudius Moria 
Dubuis his heirs or assigns against every person whom soever lawfully claiming 
the claim the same or any part thereof by through or under me. 



— 3— 

In Witness of all of which I have hereunto signed my name this 22nd day of 
March in the year of Our Lord Eighteen Hundred and Eighty Five. 

A. GAUDET, 

(Seal) S. M. S. 

^Vitness at request of Grantor 

R. B. Rabbins Y. J. Filhitre P. 0. M. T. 
M. Froe Pta 0. M. T. 

THE DOMINION OF CANADA, 
County of Carleton. 

Btfore me R. B. Rabbins United States Commercial Agent and Ex. Officers a 
Notary Public in and for said County and Dominion at Ottawa on this 10th day of 
April 1882 personally came and appeared A. Graudet to me well known to be 
the person whose name is subscribed to the foregoing Instrument and acknowl- 
edged that he had executed and delivered the for going conveyance as his volun- 
tary act and deed for the pvirposes and consideration therein expressed and as 
sole surviving legatee and deresee under the Last Will and Testament of the Rt. 
Rev. J. ;M. Odin Bishop of Galveston, Texas. 

Given under mv hand and seal this 10th day of April 1882 

(Signed) ' ' R. B. RABBINS 

U. S. Commercial Agent & Ex. Officer Notary Public in 

Filed for record July 31, 1882 at 12 o'clock a. m. 

Recorded Aug. 11 1882 at 4 o'clock p. m. 

THE STATE OF TEXAS, 
County of Galveston. 

I. S. P. Wren, County Clerk, in and for the said County of Galveston, do hereby 
certify that the above and foregoing is a true and correct copy of a Deed from 
Rev. A. Gaudet date the 22nd. day of March 1882 as the same appears of record 
in my office in Records of Deeds. Ec, Book 42 pages 454, 455, and 456 

In" testimony whereof, I have hereto set my hand and affixed my Official Seal, 
at my office in the Citv of Galveston, on this the eighth day of May 1883 
(Signed) " I. "p. S. WREN, 

County Clerk Galveston County. 
By W. E. Danelly. 

OPINION RESPECTING TITLE OF CATHOLIC CHURCH TO PROPERTY 
IvNON AS "ALAMO CHURCH." 

San Antonio, Texas, :\Iay 10th, 1883. 

Hon. John Ireland, Governor of Texas. 

Sir: I have examined the Title of the Catholic Church to that portion of 
the Alamo Propertj' known as the "Alamo Church," and find that, by "Acts of the 
Republic of Texas." Januai-y 13th and 18th 1841, the entire Alamo was granted 
to John M. Odin, the then Catliolic Bishop of Texas, as the Chief Pastor of the 
Roman Catholic Church in Texas, and his successors in Office. 

In 1851, the City of San Antonio instituted a Suit in the District Court of 
Bexar County, to recover this property then occupied by Major Babbit, U. S. 
Quartermaster, as Tenant of Bishop Odin: A jury being waived, and the Cause 
submitted to the Court, the Hon. M. P. Norton, presiding Judge, gave Judgment 
in favor of the Church, or Bishop Odin. 

From this Judgment the City of San Antonio took an Appeal, and at the Austin 
term of the Supreme Court, 1858, rendered a Judgment affirming tlie Judgment of 
the Court below in favor of the Defendant. See Texas Reports Vol. 15th Page 
539, San Antonio vs. John M. Odin. 

At the date of the Judgment in Supreme Court, the Catholic Church in Texas 
was represented by John M. Odin as its Chief Pastor or Bishop. 

On the 23rd day of May in the year 1862, Claudius M. Dubuis was consecrated 



as Bishop of Texas, at Lyons, France, by John M. Odin, who was at that time 
Arch Bishop of New Orleans. 

In the year 1874 the Bishoprics of San Antonio and Brownsville were carved 
out of the Bishopric of Galveston which before that time embraced the entire 
State of Texas, and Bishop. A. D. Pellicer consecrated Bishop of San Antonio. 
He died in 1881 and was succeeded by the present Bishop, Rt. Rev. John C. Nerez, 
who was consecrated Bishop of San Antonio May 8, 1881, in this City. 

On the 30th of Nov. 1879, Bishop A. D. Pellicer conveyed to H. Grenet, for 
the sum of Twenty thousand Dollars, all the interest of the Roman Catholic 
Church in the Alamo Property. This conveyance does not include the Church or 
property contemplated in the purchase by the State from the Church at this time. 

From' my Positive Personal knowledge and from an examination of the Judg- 
ment of Supreme Court herein referred to, and papers presented, I- am satisfied 
that the Catholic Church of the Diocese of San Antonio has good Title to the 
Alamo Church in the City of San Antonio, and that the present Bishop of San 
Antonio, Rt. Rev. John C. Nerez, is as to this and all other Clmrch property in 
the Diocese of San Antonio, held by the former Bishop Rt. Rev. J. M. Odin, his 
lawful successor in Office, and is competent as such to convey to the State a 
valid Title to said Church Building, according to the oflfer made by the Church to 
the State of Texas. Reference being made for a description of said property to 
the Field Notes of Survey and Plat of the same made on the 5th day of January. 
1883, by Chas. P. Smith, Engineer of the City of San Antonio now on file at 
Austin in the Office of Hon. H. P. Brewster. 

Respectfullv. 

THOS. J. DEVINE 

(Endorsed: Opinion on title to Alamo Church.) 

Also notation: "Deed sent to San Antonio to be recorded May 12" 1883."' 

( Copy ) 
RENT VOUCHER. 
No. 22. 
THE UNITED STATES, 

To Rt. Rev. C. M. Dubois, Dr. 

Novbr. 30, 1865. Dollars Cents. 

To Rent of Alamo Buildings used as Storehouses workshops stables &c. 
Q. M. Dept. at San Antonio, Texas from November 16th to November 
30th, 1865 (inclusive) Fifteen days @ Two hundred and Twenty two 
Dollars per month Rent set by order of Maj. G«n. W. Merritt, Comm'dg. 

Cav. Fes. M. D. Gl 112 50 

One Hundred and Twelve Dollars and fifty cents $112 50 

I certify that the above account is correct and just; that the services were 
rendered as stated; and that they were necessary for the public service. And that 
the same has been reported by me as pr. my Report of Persons and Articles for 
the Month of November 1865. 

RICH. P. EGANE, 
1st. Lt. R. Q. M. ISth N. T. Cav. Chf. Q. M. Cav. M. D. G. 

Filed in the oflfiee of the Secretary of State this 4th day of October, 1005. 

Ol K. SHANNON. 
Secretary of State. 
(Copy) 

Asst Qr Mr's Office 
San Antonio. Texas. 
February 3rd, 1854. 

Sir: I have received a reply from Major Chapman, Chief A. Q. M. Dept. of 
Texas to my letter to Major Babbite dated January 2nd upon the subject of the 
rent of the Alamo Property in which he informed me that he had laid it before 
the General Commanding who instructed him to say that unless the City of 



San Antonio secures the Government in their lease to this property the Dep't. 
must he br()l<en up and abandoned. 

I am Very respectfully, 

Your 
JAS. BELGER, 

A. Qr. Mr. 
Wm. Callaglian 
Present. 
1854 

San Antonio, February Srd. 
Ass't. Qr. Mj. Offiue. 
(b) 

Filed in tlie office of the Secretary of State this 4th day of October 1905. 

O. K. SHANNON, 
Secretary of State. 

San Antonio, September 21th, 1865. 
To Major General ]\Ierrit, 

Sir, I have the honor to address you in behalf of the Roman Catholic Bushop 
of the diocese of Galveston, concerning the Catholic Church in the City of San 
Antonio, Texas, known as the Alamo, and now in the occupancy of the gov- 
ernment of the United States as a depot for military stores. The Bishop wishes to 
obtain possession of said Church in order to furnish a suitable and convenient 
place of worship to the German Roman Catholic Congregation of San Antonio. 
You will confer a favor on the Catholic Bishop of this diocese and on German 
Congregation above mentioned by acting on this communication at your earliest 
convenience. 

I have the' honor to be, dear Sir, your obliged & obedient Servant 

THOMAS J. JOHNSTON 
(Over) 

The aforesaid petition is made at the request of the Rt. Rev. Catholic Bishop 
and in his absence is approved and recommended earnestly by the Undersigned. 

J. T. FOUREY 
Priest Vice-Chancellor and Secretary to the Cath. Bishop. 



(Endorsed: Letter Thos G. Johnston. Filed in the Office of the Secretary of 
State, this 4 day of Oct. 1905 0. K. Shannon Secretary of State.) 

Notation: "Headquarters Cavalry Forces, Military Division of the Gulf, San 
Antonio. Sept. 22, 1865. Respectfully referred to Capt. W. A. Brown, Chief Qr. 
Mr. for report as to whether this building can be vacated without injury to the 
service. 

By command of Maj. Gen Merritt 

C. H. DYER, 
Major and A. A. G. 

Office Chief Q. M. 
San Antonio, Sept. 22, 65. 
Respectfully returned to Maj. C. H. Dyer, A. A. General, the Alamo building 
is now used for receiving Grains, and its vacation by the Government would be 
attended with great inconvenience and serious loss. 

W. H. BROWN, 
Capt. A. Q. M. 



Headquarters Cavalry Forces. 
Military Division of the Gulf 
San'Antonio, Tex. Sept. 24/65 
Respectfully returned to Mr. Thos. J. Johnson with the remark that the Gov- 
ernment requires this building for the use of the Qr. Mr. Dept. for the present. 
By command of Major Gen. Merritt 

C. H. DYER, 
Major and A. A. G. 



— fi— 

No. 22. 
THE UNITED STATES. 

To Et. Kev. C. M. Dubois Dr. 

18(55 • Dollars. Cents. 

Novbr. 30 For rent of Alamo building, used as storehouse, workshop, 
stable & Q. M. Deptmt. at San Antonio, Texas, from Novbr 16th to 
Novbr 30th 1865 (inclusive) fifteen days at two hundred and twenty- 
five dollars per month (rent set bv order of Maj. Genl. W. Merritt, 
Comndff Cav'v Fes. M. D. G 112 50 



One hundred and twelve dollars and fifty cents $112 50 

I certify that the above account is correct and just; that the services were 
rendered as stated, and that they were necessary for the public service, and that 
the same has been reported by me as per my Report of Persons and Articles for 
the month of November 1865. 

RICHD. P. EGAN 1 
1st. Lt. R. G. M., 18" U. S. Cav. Chf. Q. M. Cav. M. D. G. 

Received at , the of 186 .. , 

Quartermaster United States Army, the sum of dollars 

and cents, in full of the above account. 

(Signed in Triplicate) 



Endorsed— Form No. 22. No... Abstract B Qr. 186.. « 

Dollars /lOO. Paid 186 . . 

Rent Voucher. 

Endorsed — "Filed in the Office of the Secretary of State. This 4 day of Oct. 
1905. 0. K. Shannon, Secretary of State. 

F'd Notes of the SurA^ey of the Site of the Church of the "Alamo" Which it Is 
Proposed to Sell to the State of Texas.. 

Beginning for N. W. corner at a point 86 ft, 0* inches S. 79J E. from the 
present S. W. cor of the old stone convent building. 

Thence S. 9| W. just grazing the bases of the columns which stand on both 
sides of the Entrance to the Church — 72 ft. 2 inches 

Thence S. 8U E. just grazing the S. edge of the S. W. wall of the Church 108 
ft. 11 J inches to the West edge of Alamo Ditch. 

Thence, up the Alamo Ditch along its W. edge to a point in the E. prolonga- 
tion of S. wall of the Convent building & Convent yard at 116 ft. & 30/100 S. 
79J E. from the Place of Beginning thus closing the Survey of the site proper 
and including within its lines every portion of the Church proper. For details 
of Building, see accompanying Map — exhibiting fully its size, place & surround- 
ings. Var of needle used 9 15' E. at 10 a. m. cool day. 

Surveyed Jany. 5th A. D. 1883. 

CHAS. P. SMITH, 

City Eng'r. 
City Engr's Office 

San Antonio, Tex., 

Jany 11th 1883. 

(Endorsed Field Notes.) 

(Copy) 

OPINION OF WAELDER & UPSON ON TITLE OF ALAMO PLAZA 

PROPERTY. 

Messrs. Hugo & Schmeltzer: 

In the matter of your purchase of the Grenet property, more familiarly known 
as a portion of the "Alamo" relative to Avhich you desire our opinion, we sub- 
mit the following: 

The same property was once before in litigation, in the case of the City of 
San Antonio against Odin, who was then Bishop. The case involved the title to 
the "Alamo," and was decided in fa^'or of Bishop Odin by the District Court of 



— 7— 

Bexar Countv, whose judgment was aflirmed bj' the Supreme Court of the 
State in 1855.' 

From the statement of the facts in that case — and, indeed, such is the history 
of the mission — it appears that "the Cornerstone of the Alamo was laid on the 
IStli of May 1744;" that after the secularization of this mission (the mission 
de balero) in 1794, its registry of births and deaths was delivered to the curate 
of Bexar and "the people of the mission became subject to his jurisdiction." From 
that time until tlie revolution, or imtil 1835, the Roman Catholic Church 
claimed and held possession of the Alamo. While the l)uildings were vacant 
after 1835 — being in a dilapidated condition — the claim of tlie Church to them 
was at no time abandoned: in 1841 portions of them were occupied for a short 
time by and with the consent of the Bishop, and his Agent subsequently exercised 
control over the property. In 1847 the Quartermaster of the United States 
Army took possession of the property, claiming it as belonging to the United 
States, but in April of the same year acknowledged to hold them as tenant of 
the Bishop of the Bishop of Texas. 

It is well known that this tenancy on the part of the U. S. Government con- 
tinued until the breaking out of the civil war in 1861, and was resumed after 
the war — the military authorities of the C. S. having during the war occupied 
the property in the same manner. Thus it appears, that the head of the 
Church, from tlie year of 1794 until the property was sold to Mr. Grenet in 1877, 
exercised acts of ownership and control over it. That this, as well as other 
missions was established by the King of Spain, is not questioned, neither does 
it admit of doubt, that the Franciscan friars and their successor, the Catholic 
Church, acting by and through its Bishop, together held possession of the Alamo 
from the year 1744 until the time of the sale to Mr. Grenet. While there may 
not have been a specific grant from the King of Spain, yet the continued posses- 
sion from the first establishment of the mission to the time of the Texas revolu- 
tion would raise the presumption of such a grant as against the Spanish govern- 
ment and its successor, the government of the Republic of Mexico. Hence it 
would follow, that the Church had acquired the property either by direct grant 
or by reason of the ancient possession lieretofore mentioned, and if so, its title 
could not be successfully attacked by any person or corporation, whether State 
or Municipal. This view is sustained, as we think, by the decision in the 
case above referred to. 15 Tex. 539. 

The Congress of the Republic of Texas^ however, in January 1841, passed an 
act, providing, "that the Church of the Alamo, in the City of San Antonio, is 
hereby yielded and granted for the use of the Catholic Cliurch, upon the same 
terms and conditions as the Churche's of Concepcion, San Jose, San Inar and 
others." The churches last mentioned were, by an act passed at a prior date in 
the same month and year, "acknowledged and declared the property of the pres- 
ent chief pastor of the Roman Catholic Church in the Republic of Texas, and his 
successors in office, in trust forever for the use and benefit of the congregations 
residing near the same, or who may hereafter reside near the same, for religious 
purposs and purposes of education, and none other." 

As before said, we are of the opinion that the title of the Cliurch was com- 
plete without the aid of the act of 1841. The Church had acquired its title by 
reason of ancient possession, and the dissolution of Texas from the former gov- 
ernment "no more destroyed the riglit to possess and enjoy this property than 
it did the right of any other corporation or individual to his or its own prop- 
erty." Tenett et al. vs. Taylor et al., 9 Cranch, 3d. Cond. 300. Neither were re- 
ligious corporations — whether sole or aggregate — abolished by the change of 
Government, Ibid 299. 

The acts of 1841 are, therefore, no more than a confirmation by the political 
power succeeding the former governments of the acts of the latter, and can only 
have the effect of strengthening the title previously acquired, and none other. 
And so the Congress seems to have considered, for the acts, construed 'together 
as they must be, simply "acknowledge" and "declare" the title to the property 
to be vested in the Church. Such an acknowledgment and declaration — which 
is in effect a declaration, that the title was so vested before the declaration was 
made — could not properly be coupled with conditions not incident to the orig- 
inal title: Assuming, however, that the property was held for Church purposes 
or religious purposes, it is not to be assumed that the leasing thereof for secular 
purposes, or its sale, would be a violation of the trust. 



In this case the Alamo property was leased for thirty years and used by the 
lessees for other than religious purposes, without interference or objection from 
any source, and the presumption is, and the fact is doubtle«6s so also, that the 
rents were appropriated for religious purposes. The same presumption would 
arise as to the appropriation of the proceeds of any sale that has been made. 
These presumptions might be rebutted, but there is no reason to suppose tbat 
this could be successfully done, when it is a well known fact that all moneys 
and property belonging to tlie Church are appropriated exclusively for religious 
purposes, for the building of churches and school houses and their maintenance. 
In this connection it may be further remarked, that inasmuch as the Diocesan 
Bishops of the Roman Catholic Church "possess enlarged powers respecting the 
temporal as well as the spiritual affairs of the church" (quoting the language 
of the Supreme Court of Texas) the investment of money and property belong- 
ing to the Church must be within their control, they being, by virtue of their au- 
thority, the sole judges of what is most conducive to the welfare of the church — 
or, in more specific words in their application, what is most for the "benefit 
of the congregations" residing within the limits of their jurisdiction. 

The next question, which presents itself, is as to the power of the Bishop to 
make the sale of the property in question to Mr. Grenet in 1877. 

In the States of this Union of States there is not, and cannot be, any author- 
ized religion. But while this is so, religious societies have rights as such, which 
are protected by the law. Among these rights are those of property. In most, if 
not all, of the States they may be incorporated, and their temporalities are then 
managed and controlled by trustees, directors, or by whatever name they may be 
called. 

It does not follow from this, that a religious sect or denomination may not ad- 
minister its property in its own way. Thus, while in American law a Bishop 
is not recognized as an officer having authority derived from law, he has never- 
theless such authority as the denomination of Christians, to which he belongs, 
may confer vipon him. 1 Rap. & Lawr. Die. 135. He is, by virtue of his Epis- 
copate, a corporation sole, who possesses certain temporal rights and franchises, 
and wliose successors continue to enjoy the same rights as a sole corporation." 
1 Bl. Com. 469; Field or Corp. No. 2 ; 1 Rap. & Lawr. Die. 298; Greens Brice's 
U. V. 15 and 49. 

In those states of the Union, where the religious establishment of the church 
of England (the Episcopalian Church) was adopted, when they were colonists, 
the minister of the church was seized of the freehold, and the right of his suc- 
cessor, being thus established, was not divested by the change in the government. 
Town of Pawlet vs. Clark, 9 Cranch 292. As was said by the Supreme Court of 
the United States: "The parishioners have individuallj^ no right or title to the 
glebe lands; they are the property of the parish in its aggregate or corporate 
capacity, to be disposed of, for parociiial purposes, by the vestry, who are the 
legal agents and representatives of the parish." 9 Wheat, 445. This was said 
by the Court with reference to an Episcopal church, the temporal affairs of 
which are managed by a vestry, or by a vestry and wardens. In the Roman Cath- 
olic Church a different rule prevails. There the temporalities of the church are 
under the control and management of the head of the church, being the Bishop. 
It is true, that in some of the States, as for instance in New York, under the 
statutes of that state, Roman Catholic parishes, if not the church as a whole, 
have placed the management of their property in the hands of trustees, consisting 
of clergy and one layman. While in Texas any Catholic parish might be incor- 
porated under the laws of the State, none of the parishes have been so incor- 
porated — possibly in obedience to the canon law — and the Diocesan Bishop, both 
by consent and custom is the officer entrusted with the management of the 
temporalities of the church in his diocese. By virtue of his office all property 
of the church is vested in him, and he is authorized to control, manage and 
dispose of it, as well as acquire for church purposes. 

This seems to be established by the authorities cited, and others, which might 
be cited. We are informed, moreover, by the present Bishop of the diocese of 
San Antonio, that under the rules and regulations of the church in Texas, the 
above authority is conferred upon and invariably exercised by the Bisliops in their 
respective diocese. It may be taken for granted, that the Bishop so consulted is 



— 9— 

familiar not only with the canons of the duiicli, but also with its usages in a 
matter of so much importance. 

Here may be added the furtlier authority of a case, decided by the Supreme 
Court of this State in 1885. in which a proceedino- had been instituted to set aside 
a conveyance made by Bishop Dubois as Bisliop, to six lots, part of a block of 
ground in the City of Hemptstead. on the ground that the land belonged to the 
Catholic Church, and that the Bishop only held it as trustee and exceeded his 
power in making the conveyance. The entire block had been conveyed for the 
purpose of erecting thereon a Roman Catholic Church and other buildings per- 
taining thereto, or to be exchanged for or used in the purchase of other property 
in the town of Hempstead for that purpose. The conveyance by the Bishop was 
upheld, the court, in delivering its opinion, holding the following language: 

"It is a matter of common and liistorical knowledge, that the form of gov- 
ernment in the Roman Catholic Church is an Episcopacy, and in which the 
Diocese Bishops possess enlarged powers respecting the temporal as well as 
spiritual affairs of the church in their respective diocese." 63 Tex. 490. 

From what has been said it would then follow, that the legal title to the 
Alamo being in the Bishop, for the use and benefit of the church, the sale of 
the property by him, as Bishop — the sale being made for the uses and benefit of 
the Church, and the proceeds of the sale being received partly by the selling 
Bishop and partly by his successor in the Bishopric — -vested a good title in the 
l)urchaser — a title which could not be successfully attacked by the church as an 
organization. 

While the title thus acquired by Grenet does not require any extraneous aid, 
it may yet be further remarked that the continuous, undisturbed and unqvies- 
tioned possession bj' him and his estate for more than eight years under the 
conveyance of the property, should in itself be sufficient to regard the title as 
quieted. 

Very respectfullv, 

WAELDER & UPSON. 

San Antonio, February 2, 1886. 



-10- 



EXHIBIT "B.' 



Showing Abstract of Title to Property which Includes the Long 

Building that Constitutes the Principal Part of the Alamo 

now Belonging to the State. 



Office of the 

TEXAS TITLE COMPANY 

(Incorporated.) 

PAID UP CAPITAL, $30,000. 

Abstract of title to land lying and being situated in tlie city of San Antonio, 
Bexar county, Texas, being a part of what is known as New 'City Block No. 115, 
the land here involved being all that part of said block lying west of the Main 
Alamo Ditch and north of tlie south line of the Alamo Church, being bounded 
on the north by East Houston Street, on the west by Alamo Plaza, on the east 
by the said Main Alamo Ditch, and on the south by the south line of the said 
Alamo Church. Being known as Lot No. 1. City Block No. 115 on the County 
Block maps of Bexar County, and as Lots Nos. 18 and 19, City Block No. 115, 
on the City Block maps of the City of San Antonio. 

Note. — This plat is taken from one recorded in Block 1, p. 114, in the City 
Enoineer's office, representing a survey of the S. A. Maverick tract made in De- 
cember, 1849, by F. Giraud, City Surveyor. 

SPANISH GOVERNMENT Grant. 

to Dated 1733 or 1734. 

CITY OF SAN ANTONIO. 

This grant is not now in existence, but is established by the decision of the 
Supreme Court of Texas in the case of Lewis vs. San Antonio, 7 Texas, 288. 
That was an action of trespass to try title involving the validity of the location 
of certain land certificates on the land claimed by the city to be within the 
limits of its grant. Justice Lipscomb, in his opinion, holds that "the existence 
of an ancient deed in the archives of the corporation, embracing the lands in con 
troversy, has been proved conclusively," and that "the evidence of James, the 
surveyor, fully establishes the metes and bounds as called for by the proof of 
the contents of the lost deeds," most of which were well known and notorious 
marks or monuments, and that "it v.-as abundantly and clearly proven that the 
city authorities had, from time immemorial exercised control and ownership over 
the-e lands to the extent of tlie boundaries set up as the exidos of the city." 

Judge Lipscomb also says that the claim of the city is strengthened by the 
following sections from the Act of Congress of the Republic of Texas passed Dec. 
14, 1837, incorporating the City of San Antonio: 

"Sec. 2. That the bounds and limits of said city, and within which the said 
corporation shall exercise lawful jurisdiction, shall include and comprehend all 
that tract of land originally granted to and composing said city, with its pre- 
cincts." 

"Sec. 8. That the said coimcil, in conjunction with the justices of the county 
court, are hereby empowered and authorized to sell and alienate such public lots 
or parcels of land as may lie within their jurisdiction, and to which there is no 
legal claimant or title, and also to dispose of such houses or other buildings as 
may have formerly been. the property of the corporation of said city." etc. 

jSfote. — The surveyor James mentioned was Deputy Surveyor of Bexar county, 
and the field notes of his survey of the city tract are recorded in Book Fl, p. 28, 
of the Surveyor's Record of Bexar county. They include the land involved in this 
abstract. 



—11— 




—12— 





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—15— 

REPl'BLIC OF TEXAS Act of Congress. 

to Approved Jan. 18, 1841. 

THE CATHOLIC CHURCH. Laws of Texas (Gammel's Ed'n) Vol. 2, 

p. 496. 

An Act granting- the Alamo Clnirc-h to the use and benefit of the Catholic 
Church. 

Section 1. Be it enacted by the Senate and House of Representatives of the 
Republic of Te.xas. in Congress assembled, That the Church of the Alamo, in 
the city of San Antonio, be, and the same is hereby yielded and granted for the 
use of the Catliolic Church, upon the same terms and conditions as tlie churches 
of Conception San Juan, Saii Jose and others. 

Note. — The following Act. approved Jan. 13. 1841, appears on page 492 of the 
same volume : 

Be it enacted by the Senate and House of Representatives that the Republic of 
Texas, in Congress assembled that the churches at San Antonio, Goliad and Vic- 
toria, the churcli lot at Nacogdoches, the churclies at the Mission of Conception 
at San Jose, San Juan, Espado, and the Mission of Refuhio, without buildings 
and lot, if any belonging to them, be, and they are hereby acknowledged and de- 
clared -the property of tlie present Chief Pastor of the Roman Catholic Church in 
the Republic of Texas, and his successors in office, in trust forever for the use 
and benefit of the Congregation residing near the same, or who may hereafter 
reside near the same, for religious purposes and purposes of education, and 
none other; provided, that nothing herein contained shall be so construed as to 
give title to any land except the lots upon which the churches are situated, which 
shall not exceed fifteen acres. 

THE CITY OF SAN ANTONIO 
No. 512. vs. 

. JOHN ODIN AND E. B. BABBITT. 

In District Court of Bexar County, Texas. 

Original Petition Filed Jan. 29, 1850. 

The City of San Antonio, complaining of John Odin and E. B. Babbitt repre- 
sents that said City is the owner of that tract of land in the County of Bexar 
and within the corporate limits of said city, containing about three acres of land 
on the east side of the San Antonio River, bounded on the east by the Asequia 
Madre or Main Ditch, on the north by the land formerly claimed by Mariano 
Roman, no.w claimed by Samuel A. ]\Iaverick, on the west by property claimed 
by said Maverick and Jesusa Trevino de Sota, on the south by a lot of land 
known as Alamo Square. Asserts title under acts of Congress of Texas ap- 
proved Dec. 14, 1837, May 24, 1838, and Jan. 14, 1842, and represents that not- 
withstanding these acts the said John Odin, as chief pastor or trustee for the Ro- 
man Catholic Cluirch in Texas, has set up a pretended claim to said property, and 
in company with tlie aforesaid E. B. Babbitt did, on May 1. 1849. and on divers 
other days between that day and the present enter upon said land and with 
force and arms took possession of same, etc. With notation that suit is brought 
to try title, as well as for damages, etc. Prayer accordingly. 

Answer of Defendant Odin Filed Sept. 27, 1850. 

Pleads not guilty and limitations of tliree, five and ten years, also possession 
for religious purposes from the first settlement of San Antonio denies the effect 
of the statutes set up by the plaintifi' and asserts title under Act of Jan. 18, 
1841, in favor of the Catholic Cl.urcli with prayer tliat he be quieted in his 
title, et. 

Answer of Defenchmt Babbitt Filed Oct. 21. 1850. 
Disclaims any interest in the land involved except by lease from tlie agent of 
Bishop Odin. 

Judgment. Oct. 25, 1850. :Minutes B, p. 271. 

Came the parties by their attorneys, and a jury being waived, this cause was 
submitted to the courts on a written statement of facts filed in the papers of the 



—16— 

cause and arguments of counsel being lieard, it is considered, adjudged and decreed 
by tlie court that the plaintiff take nothing by its petition, and that the defend- 
ants recover their costs in this behalf expended. Whereupon conies the attorney 
for the plaintiff and gives notice of appeal. 

Note.^On appeal this judgment was affirmed by the Supreme Court. See San 
Antonio vs. Odin, 1.5 Texas, 539. The agreed statement of facts is copied in the 
opinion there reported. 

CITY OF SAN ANTONIO Lease Contract. 

to Dated Jime 10, 1853. 

UNITED STATES OF AMERICA. Filed June 10, 1853. 

Recorded in Book J2, p. 552, Deed Rec- 
ords, Bexar Co., Tex. 

This agreement made and entered into this tenth day of June, A. D. 1853, be- 
tween James M. Devine on the part of the City of San Antonio, herein acting 
as Mayor of said City, and being specially authorized by a resolution and common 
council of said city of the ninth day of the present month, of the first part, and 
Major E. B. Babbitt, A. Q. M., of the Eighth Military Department, lierein acting 
in behalf of the Government of the United States, of the Second Part, Witnesseth : 

That the party of the first part, for the consideration hereinafter expressed, 
has this day granted, bargained, released, rented and conveyed unto the partj' of 
the second part all those certain buildings, lots, ground, pens, and enclosures 
and sheds lying, being and situated in the said County of Bexar, in tlie City of 
San Antonio, on the east side of the San Antonio River, and known as the 
Alamo buildings and lots, sheds, pens and enclosures, thereunto belonging, being 
the same premises for the present and for the last several years occupied and pos- 
sessed by the Government of the United States as an Arsenal and Quartermasters' 
Department. 

To have and to hold said described premises unto the party of the second part 
for a term of five years from and after the first day of July next, A. D. 1853, 
at which date this lease shall begin. 

And the party of the second part hereby covenants and stipulates with the 
party of tlie first part to pay a rent of one dollar for each and every month said 
premises may be used and occupied by the Government of the United States, which 
rent shall be payable quarterly at the end of each and every quarter. 

And the party of the second part has the privilege of erecting any buildings, 
sheds, pens and of making any improvements and repairs on said premises or 
to said buildings provided the party of the first part shall in no case be bound 
to pay for such buildings, sheds, pens, improvements and repairs. 

Witness our hands, etc. 

(Seal) J. M. DEVINE, Mayor. 

(Seal) E. B. BABBITT. 

Bt. Maj. & Clif. A. Q. M. 8th Dept. 

In presence of: . 

Wm. B. Knox. 
C. G. Cook. 

THE STATE OF TEXAS, 
County of Bexar. 

Before me Sam S. Smith, Clerk of the County Court of said County, this day 
personally a;ppeared J. M. Devine, to be well known, in the instrument of writing 
on the reverse hereof mentioned to be the Mayor of the City of San Antonio, who 
in my presence acknowledged that he had signed, sealed and delivered the said 
instrument of writing in the name of the Corporation of the City of San Antonio, 
acting by virtue of his office as Mayor, him in that behalf enabling, and declared 
the same to be the free act and deed of the said corporation for tlie purposes and 
considerations therein stated. 

In testimony whereof, I, etc., this 10th day of June. A. D. 1853. 

SAM B. SMITH. 
Clk. C. C. B. Co. 



—17— 

C. M. DUBUIS, ROMAN CATHALIC f^eneral wanantv deed. 
BISHOP, Dated Juno 1, 1871. 

to Filed June 2. 1871. 

CITY OF SAN ANTONIO. Recorded in Book Wl, p. 237, Deed Rec- 

ords, Bt'xar Co., Tex. 
Consideration : $2500 paid. 

I, C. M. Duhuis, Roman Catliolic Bisliop of said State of Texas lierein by virtue 
of my position and office in the Roman Catholic Church vested with the right to 
execute this instrument of conveyance, etc. 

Do bargain, sell, convey and transfer to the said City of San Antonio, a body 
corporate within the limits of said County of Bexar empowered to acquire and 
hold real estate, all that tract, piece, parcel or lot of land lying and being on 
the eastern side of the San Antonio River in the City of San Antonio and in or 
adjoining Alamo Plaza ; it being the property of the Catholic Bishop or Church 
property called Gallera and described and bound as follows : 

Commencing at the mark stone on center of Avenue E and Paseo St. for con- 
nection. Thence S. 32J W. 139 varas to the northwest corner of Gallera build- 
ing. Thence S. 84i E. 41^ varas, an offset of 3 vara at 11;^ varas from the north- 
west corner, as shown on plat. Thence S. 9| W. 6| varas. Thence N. 84J W. 
4I3 varas. Thence N. 9J E. Qi varas to the beginning. As per play of C. Hart- 
nett, surveyor and engineer of said City of San Antonio hereto attached and re- 
ferred to. 

And it being understood that the property hereby conveyed and is so conveyed 
on condition that it shall be dedicated to the public use as an open space and be 
made a part of and one with the Plazas above and below it now known as the 
Alamo Plaza and the Plaza de Valero. 

To have and to hold, etc. C. M. DUBUIS. 

U. S. Stamp $2.50. Bishop of Texas. 

THE STATE OF TEXAS, 
County of Bexar. 

Before me, Mortimer Slocum, Clerk of the District Court of said County, per- 
sonally appeared C. M. Dubuis, Bishop of Texas, to me well known, who to me 
acknowledged that he as Bishop as aforesaid signed and delivered the foregoing 
instrument of writing, and he declared the same to be his official act and deed for 
the purposes and considerations therein stated. 

To certify which 1 hereunto sign my name and affix the impress of my official 
seal of office in San Antonio this tlie first day of June, A. D. 1871. 

(Seal.) ' M. SLOCUM, 

Clk. D. C. B. Co. 

Note. — See next page for plat and field notes referred to. 

Note. — The following is recorded in Book Wl, p. 237, as a part of the instru- 
ment shown on the next preceding page : 

Plat and field notes of Gabia on Alamo Plaza, it being the property of the 
Catholic Bishop or Church property. Commencing on mark stone on center of 
Avenue E and Paseo St. for connection. Thence S. 32^ W. 139 varas to N. W. 
corner, of Gabro building. Thence S. 84i E. 41* varas, an offset of i vara at 
Hi varas from N. W. corner as shown on plat. Thence S. 9^ W. 6 J varas. 
Thence N. 84A W. 4U varas. Thence N. 9^ E. G^ varas to beginning. 

Surveved San Antonio, Mav 20, 1871. 

C. HARTNETT, 

Scale: 50 varas to one inch. Car. 9° 45' E. Sr. and Engr. 

RcnrAN CATHOLIC CHURCH. BY General Warrantv deed. 
BISHOP JOHN C. NERAZ, Dated May 12, 1883. 

to Filed Mav 16, 1883. 

THE STATE OF TEXAS. Recorded in Book 31. p. 2G5, Deed Rec- 

ords, Bexar Co.. Tex. 
Consideration $20,000 paid. 

Know all men by these presents, that the Catholic Church of the Diocese of 
San Antonio in the State of Texas, acting bv and through John C. Neraz. Catliolic 



—18— 

Bishop of said Diocese, its oniy authorized agent and trustee for the property 
hereinafter described, etc. 

Does grant, bargain, sell, release and convey unto the State of Texas all of that 
tract or parcel of land situated and lying in the City of San Antonio, county of 
Bexar, State of Texas, and described by metes and bounds as follows : Beginning 
for S. W. corner at a point 86 feet 6i inches S. 7'.)J E. from the present S. W. Cor. 
of the old stone convict building. Thence S. di W. just grazing the base of the 
columns which stand on both sides of the entrance to tlie church 72 feet two 
inches. Thence S. 814 E. just grazing the edge of the S. W. wall of the church 
108 feet llf inches to the west edge of the Alamo Ditch. Thence up the Alamo 
Ditch along its W. edge to a point in the east prolongation of S. wall of convent 
building and convent yard at 116 feet and 30/100 S. 79J E. from the place of be- 
ginning, thus closing the survey of the site proper, and including within its lines 
every portion of the Alamo Church property. 

Whereas there is reason to believe and it is generally understood that this 
grantor is sieged and possessed with a surplus strip of ground of some nine feet 
in width adjoining the above described property and lying on its south side and 
constituting a part thereof; and, whereas, it is the intention of both parties that 
the entire Alamo property not heretofore conveyed shall now be conveyed to the 
State of Texas. Therefore, the said strip of land is hereby conveyed to the 
State of Texas as fully to all intents and purposes as had the same been herein 
described by metes and bounds. 

With general warranty except as to the strip mentioned. 

This property is sold and the money arising therefor is to be used for church 
and school purposes. 

JOHN C. XERAZ, 
Bp. of San Antonio. 

Witness : 

Jno. B. Lubbock. 
R. J. Kendall. 

STATE OF TEXAS, 
Travis County. 

Before me, Z. T. Fulmore, County Judge of the County aforesaid, ;this day 
personally appeared X. John C. Neraz, known to me to be the person whose name 
is subscribed to the foregoing instrument of writing, and he acknowledged to me 
that he executed the same for the purposes and considerations therein expressed. 

Witness my hand and official seal of the County Court of Travis County, at 
office in Austin, Texas, May 12, 1883. 

Z. T. FULMORE, 

(Seal) County Judge, Travis County, Texas. 

ANTHONY DOMINIC PELLICER, General Warranty deed. 
BISHOP OF SAN ANTONIO, Dated Nov. 30, 1877. 

to Filed Dec. 1, 1877. 

HONORE GRENT. Recorded in Book 7, p. 373, Deed Rec- 

ords, Bexar Co., Tex. 
Consideration: $20,000 paid. 

I. Anthony Dominic Pellicer, as Bishop of the Roman Catholic Diocese of San 
Antonio, Texas, etc. 

Do grant, bargain, sell, release and convey unto the said Honoi'e Grenet, his 
heirs, assigns, all that lot or parcel of land lying and being in the County of 
Bexar, State of Texas, City of San Antonio, and described as follows : 

Commencing at the S. W. corner of the old convent building. Thence running 
in Hi E. along the outer face of the west wall of the said convent building 191 
feet to the N. W^. corner of said old convent building. Thence along the south 
boundry line of Houston street S. 78f E. 147 22/100 feet to a point in a line with 
the east wall of the old convent building. Thence running in a line with said old 
wall and towards it S. 11 W. 84 72/100 feet to the northeast corner of the old 
convent yard. Thence S. 78f E. 73 feet to a stake on the west bank of the Alamo 
Ditch. Thence down along the bank of said Ditch to point in line with tlie south 
wall of the old convent building and yard for the southeast corner of this lot. 



—19— 

Thence X. 78$ W. running in a line with the south wall of said convent yard 
and building about 198 — to the place of beginning. 

ANTHONY DOMINIC PELLICER, 
(Seal) Bishop of San Antonio. 

Attest: 

J. Walthall. 
Conrad Roth. 

THK STATE OF TEXAS, 
County of Bexar. 

Before me, George R. Dasliiell, Clerk hf the District Court of said County per- 
sonally appeared John Waltliall to me well known who, after being by me duly 
sworn, on oath says tliat in his presence Anthony Dominic Pellieer signed and 
delivered the instrument of writing hereto annexed, and tliat the said Anthony 
Dominic Pellieer declared that he, as the Bishop of San Antonio, had executed the 
same for the purposes and considerations therein stated, and affiant further says 
that he and Conrad Roth signed the same as witnesses at the request of the said 
Anthony Dominic Tellicer. 

In testimony whereof I hereunto sign my name and affix the seal of the said 
court at office in San Antonio the first day of December A. D. 1877. 

(Seal) GEO. R. DASHIELL, 

Clk. D. C. B. C6. 
HONORS GRENET Deed in Trust. 

to ' Dated Nov. 30, 1877. 

JOHN C. NERAZ, TRUSTEE. Filed Dec. 1. 1877. 

ANTHONY D. PELLICER, Recorded in Book 7, p. 374, Deed 

BISHOP, C. Q. T. Records Bexar Co., Tex. 

Do grant, bargain, sell, release and convey unto the said John C. Neras all 
that tract, lot or parcel of land lying and being situated in the City of San 
Antonio, County of Bexar, State of Texas, and described as follows: Commencing 
at the S. W. corner of the old convent building thence running in 11 A E. along 
the outer face of the west wall of said convent building 191 feet to the X. W. 
corner, of said old convent building Thence along the south boundary line of 
Houston St. S. 78| E. 147 feet to a point in a line with the east wall of the old 
convent yard. Thence running in a line with the said old wall and toward this S. 
11 W. 84 72/100 feet to the northeast corner of the old convent yard. Thence S. 
782 E. 73 feet to a stake on the west bank of the Alamo Ditch. Thence down along 
the bank of said Ditch to a point in a line with the Sauth wall of the old convent 
building and yard for the southeast corner of this lot. Thence N. 78| W. run- 
ning in a line with the south wall of said convent yard and building about 198 
feet to the place of beginning. 

In trust to secure beneficiary in the payment of seven notes of even date here- 
with, four for $1000 each due" respectively on Jan. 1, 1879, 1880, 1881 and 1882 
and three for $5000 each due respectively on Jan. 1, 1885, 1887 and 1890, all 
bearing interest at 9A per cent from Nov. 1, 1877, payable monthly. 

With power of sale in case of default, etc. 

(L. S.) H. GRENET. 

Attest: 

J. Walthall. 
Conrad Roth. 

STATE OF TEXAS, 
County of Bexar. 

Before me George R. Dashiell, Clk. of District Court of said County this day 
personally appeared H. Grenet, to me well known who to me acknowledged that 
he had signed and delivered the foregoing instrument of writing and he declared 
the same to be his act and deed for the purposes and considerations therein 
stated. 

In testimony whereof I hereunto sign my name and affix the seal of the District 
Court of said county at office in San Antonio this first day of December, A. D. 
1877. 

GEORGE R. DASHIELL, 
(Seal) Clk. D. C. B. Co. 



-•?o— 



JOHN C. NERAZ, 

BISHOP OF SAN ANTONIO, 

to 

ESTATE OF HONORE GRENET, 

DECD. 



Release Deed of Trust. 
Dated Jan. 30, 1886. 
Filed Feb. 1. 1886. 
Recorded in Book 46, p. 568, Deed 
Records, Bexar Co., Tex. 



Whereas on Nov. 30, 1877 Honore Genet, now deceased made, executed and 
delivered to Anthony Dominic Pellicer Lis certain promissory note for $19,000 in 
the aggregate to said Pellicer, being then Bishop of San Antonio. 

And whereas to secure the payment of the aforesaid notes on the day afore- 
said the said Grenet made and executed to J. C. Neraz his certain deed of 
trust upon the property described as follows, towit: the lot or parcel of land 
lying and being in the City of San Antonio, Bexar County, State of Texas, 
bounded on the north by Houston Street, west by Alamo Plaza, South by Alamo 
Plaza and the Alamo building recently sold to the State of Texas and east by 
Alamo Ditch. See records of Bexar County, Vol. No. 7, pp. 373, 374 and 375. 

And whereas, the said Honore Grenet departed this life on Feb. 22, 1882, and 
G«o. H. Kalteyer was duly appointed and is now the administrator of the said 
Grenet estate. 

Whereas the said Geo. H. Kalteyer has, as administrator as aforesaid, sold 
unto Hugo-Schmeltzer the premises above described, and out of the proceeds of 
said sale has fully paid off and discharged the promissory notes above men- 
tioned. 

And whereas, said Anthony Dominic Pellicer has died and J. C. Neraz has been 
appointed and is now Bishop of San Antonio and successor to said Pellicer as 
such. 

Now, therefore, I, J. C. Neraz, Bishop of San Antonio, for and in consideration 
of the premises and payment in full of the notes as aforesaid have released and 
relinquished and by these presents do release, relinquish and re-convey unto the 
said G*o. H. Kalteyer, Administrator of the estate of Honore Grenet, deceased, 
all my right, title, claim, interest and demand I had and held to the property 
above described by virtue of the deed of trust and notes aforesaid, for the benefit 
of Hugo and Schmeltzer purchasers of said property as above set forth. 

JOHN C. NERAZ, 
Bp. of San Antonio. 
STATE OF TEXAS, 

County of Bexar. 

Before me Thad W. Smith, County Clerk for and within said State and County 
on this day personally appeared X. John C. Neraz, Bp. of San Antonio, known to 
me to be the person whose name is subscribed to the foregoing instrument, and 
acknowledged to me that he executed the same for the purposes and considera- 
tions therein expressed. 

Given under my hand and seal of office this thirtieth day of January, 1886. 

THAD W. SMITH, 
County Clerk, Bexar County. Texas. 



SPANISH GOVERNMENT 

to 
NUMEROUS GRANTEES. 



Partition of the Labors of the Mission 
Valero (the Alamo). 

Recorded in Book 3, p. 302, Spanish 
Records, Bexar Co., Texas. 

The original is among the Spanisli Ar- 
chives of Bexar county. 

Several notifications to and responses from the residents of said Mission and 
the President thereof, bearing dates in December 1792 and January 1793. are 
omitted together with certain orders regulating the proceedings. 

In the village of San Fernando, Presidio of San Antonio de Bexar on the 
25th day of February, 1793, T, Juan Jose da los Santa Ordinary Alcalde of first 
choice, by virtue of the foregoing decree of the Sir Governor of this Province, 
went to the place on the side of the upper labor of the Mission San Antonio 
Velero, accompanied by the General Procurator of this village, Joaquin Flores y 
Seneeja, and him who is acting as surveyor, Pedro Huizahr, and arriving there 
the distribution and partition was made by said Huizahr of the aforesaid land 
given to each of the individuals or the residents who were of the old Presidio 



—21— 

of the Aclaes one suerte of land sufticient to amply plant six pocks of corn, whicli 
I witness with said procurator, and therefore I, the said Judge by verbal order 
for that purpose, which I liad from the Sir Governor of this Province, Lieut. 
Col. Manuel Munos, placed them in possession one by one of their suertes which 
Avere allotted to them quiet and peacefully, in the name of his Majesty whom God 
guards using and observing all the ceremonies, formalities and requisites which 
are necessary and which are required by common use and having also ordered 
them to pull weeds and throw stones, which they executed, to the four winds, 
in faith of having found themselves royally in possession, etc., and by the same 
it is given to them that they may take it and profit thereby, they, their heirs and 
successors, they being notified as I did notify them that they settle thereon and 
cultivate same within the time required by law, and tliat they should not sell 
it or mortgage it without the indispensable permission and express license from 
the Governor of the Province, and in consequence of the Sir Governor's orders, 
one and the others should be placed on a permanent list of these proceedings, 
giving their names with designation of Adaesenos and tliose who are not. It was 
executed in the form and manner following: 

LIST OF ADAESENOS. 

No. 1 to Manuel Martinez. 

No. 2 to Jose ^laria Rodriguez. 

No. 3 to Manuel de los Santos. 

No. 4 to Joachin Musques. 

No. 5 to Mariano Salinas. 

No. 6 to Juan Martines. 

No. 7 to Manuel Franco. 

No. 8 to Bernardo Zervantes. 

No. 9 to Francico Carmona. 

No. 10 to Luis de Castro. 

No. 11 to Nepomuceno Sanmiguel. 

No. 12 to Manuel de Alcala. 

No. 13 to Felis Guerrero. 

No. 14 to Franco Anto. Guerrero. 

No. 15 to Luis Ram ires. 

No. 16 to Domingo Carmona. 

No. 17 to Juan de la Zerda. 

No. 18 to Jose Ramires. 

No. 19 to Matias del Rio. 

No. 20 to Jose Anto. Acosta. 

No. 21 to Franco. Zerda. • 

No. 22 to Fernando Zerda para al Frente. 

No. 23 to Caspar Ydalgo. 

No. 24 to Miguel Losoya. 

No. 25 to Sipriano Losoya. 

No. 26 to Jose de Zepeda. 

No. 27 to Manl. de la Cruz. 

No. 28 to Manl. Losoya. 

No. 29 to Luis Hernandez. 

No. 30 to Jose Serafin Manzola. 

No. 31 to Ambrocio Zepeda. 

No. 33 to Diego de Herrera. 

No. 34 to Thomas Maldonado. 

No. 35 to Teodor de la Zerda. 

No. 36 to Pablo Flores. 

No. 37 to Antonio Chiver. 

No. 38 to Lorenzo Ramos. 

No. 39 to Xavier de Zepeda. 

No. 40 to Luis Cruz. 

Follows those who joined the Adaesenos and also took land as aforesaid: 

No. 41 to Manuel Anto. Paniaga. 

No. 42 to Carlos Casillas. 

No. 43 to Gregoric de Herrera. 



No. 44 to Jose Auto. Ramos Medrano. 
No. 45 to Jose Manzola. 

Follows those ^Yllich were at the Mission who also were given land from the 
Madre Ditch eastward. 

No. 1 to Maria de Estrada. 

No. 2 to Miguel de Gortari. 

No. 3 to George de los Santos. 

No. 4 to Jose Anto. Martines. 

No. 5 to Jose Ygnacio Galvan. 

No. 6 to Fermin Ramires. 

No. 7 to Juana Ganiboa. 

No. 8 to Juan de los Rios. 

No. 9 to Matiana Galindo. 

Follows the residents of the Presidio who joined the aforesaid: 

No. 1 Jose Flores. 
No. 2 Roverto Nuez. 

With respect that these preceding have been concluded, they were sent by me 
to the superior court of the Governor, from which my commission emanated, for 
tlie effects which are most convenient. So I decreed, ordered and signed, I, Juan 
Jose de la Santa, Ordinary Alcalde of first choice, in the absents of the actual 
Alcalde, with my assisting witnesses, in the absents of a notary, and on the 
present common paper becaused there is none sealed, and Joaquin Flores. the 
General Procurator, and Pedro Huizar, the surveyor, also signed, in this the fore- 
said village, on said dav and month and year, to which i certify. 

JUAN JOSEPH DE LA SANTA. 
JOAQUIN FLORES. 
PEDRO HUIZAR. 
Witnesses : 

Luis Flores. 
Antonio Romero. 

On March 20th, 1793, Manuel Munos, Governor of the Province of Texas, ap- 
proved the proceedings, becaused the representative of said residents has signified 
that the people who represents were satisfied and acknowledged themselves in 
possession of said land, etc., and they will be passed to the hands of the com- 
manding general, so that after he views the same he will notify this Governor 
that which to him seems best, etc.. 

On Oct. 28, 1793, Pedro De Nava, the commanding general referred to, returns 
the proceedings to the Governor, so that the same may be placed in the archives 
of the Government in his charge and that interested parties may immediately ob- 
tain copies to serve them as title, etc.. 

Note. — The record is in Spanish, and this translation was made for the Ab- 
stractors by Mr. Ben S. Fisk. 



MARIANA ROMANO General Warranty Deed, 

to Dated Julv 22nd. 1841. 

SAMUEL A. MAVERICK. Filed Sept. 24, 1841. 

Recorded in Book A2, p. 470, Deed 

Records, Bexar County, Texas. 
Consideration $40.00 paid. 

Grant, bargain, sell and release unto said Maverick all that lot or parcel of 
ground situated and fronting upon the north end and east side of the public 
square or plaza of the Alamo and extending back from said square to the point 
of conjunction and forks of the two sequis, the one running towards La Villita 
forming the eastern boundary line of this lot of Ian. and the other sequis running 
by the northwest corner of the said square forming tlie northwest boundary of 
this lot of land, and occupying and taking all the land lying between and upon 
said sequias and all the front on and privileges of said sequias. 

Beginning at the scutheasternmost corner, near the church on the La Villita 
sequia. Thence running up said sequia to the aforesaid forks, where the other 



—23— 

sequia begins. Thence down the said other sequia to the stone house standing 
at the northwest corner of said Alamo square, occupying and embracing the 
whole of the narrow strip of ground lying between said sequia and said public 
square and all the front on said north side of said square, except only a small 
portion near said northeast corner, which was the site of the house of one 
Reyes, but originally a portion of this lot, and so likewise occupying and em- 
bracing all the east side of said public square from the northeast corner down 
to the house called La Galera, from corner from house (on the first square) 
the boundary line of wliich lot ( wliereby conveyed) runs eastward with the wall 
of said house and on and along with an old stone fence to the corner of an in- 
closure wliere said fence stops and turns southward. Thence the line runs 
southward with said old stone fence and as far as said fence extended, and down 
to where tliis lot terminates close to tlie ciiurch, and where the line once more 
turning eastward (or soutli 79 east) in the distance of a very few paces reaches 
the aforesaid sequia, which forms our eastern boundary. 

To have and to hold, etc. 

His 

(Seal) MARIANO X ROMANO. 

Mark. 

Witnesses: 

J. R. Black. 

Juan M. Peramende. 

REPUBLIC OF TEXAS, 
County of Bexar. 

I, Thomas H. O's. Addicks, Clerk of tlie County Court and ex-officio Recorder in 
and for said County, iiereby certify that John R. Black this day personally came 
before me and being duly sworn deposed that he subscribed as a witness, when 
the above named INIariano Romano executed the foregoing instrument of writing 
bj' making a mark of the cross within his name and acknowledged the same to 
be his act and deed for the purposes therein set forth. 

In testimony whereof I hereunto set my hand and the seal of the County at my 
office in San Antonio on this 24th day of September A. D. 184L 

(L. S.) THOS. H. O's. ADDICKS, 

Clk. 

FIELD NOTES OF S. A. MAVERICK Recorded in Book 1, p. 114, citv engi- 
SLTERTE NEAR ALAMO. neer's office, city of San Antonio. 

Plat and field notes of a lot or tract of land situated in the forks of the ditch 
running past the Church of the Alamo to the Villita and that running on tlie 
west side of the old ^Mission of the Alamo, or San Antonio de Valero, said lot 
surrounding the northern portion of the square or plaza of the aforesaid mission, 
surveyed for S. A. Maverick. 

Beginning at the N. W. corner of the old Convent or residence of the padres 
of the mission. Tlience along north wall of said buildings S. 78f E. 7.08 varas 
(19 ft. 8 in.) to its N. E. corner and 53 varas to a point in a line with tlie 
east wall of the old Convent yard, which ran from the N. E. corner of the chapel 
and vestry building (on north side of tlie church) in tlie direction of N. 11 W. 
Thonce running in a line Avith said old wall and towards it S. 11 W. Wh 
variis to the N. E. corner of the old convent yard. Thence S. 783 E. 26^ vas. 
to a stake on the Villita Ditch. Thence up said ditch N. 46i E. 26* vas. N. 23§ 
E. 49 vas., N. 50^ E. 84 vas.. to a stake in the junction of this ditch and that 
running north and Avest of the buildings of the mission. Thence down the latter 
ditch N. 85 W. 19* vas. to a willow, N. 81 W. 139 vas. to a point in a line 
with east wall of the old convent. Thence S. 75J W. 87i vas. to the N. W. 
corner of the muralla or outer wall of the mission, which is about 4 vas. from the 
ditch. Thence keeping down the same ditch S. 64f W. 30^ vas., S. lOJ W. 30 
vas. and S. 24 W. 38 vas. to a stake on the edge of ditch. Thence with north 
line of the lot and house of Da. Jasusita Trevino and passing along the north 
side of chimney of said house S. 79| E. 25^ vas. to the mission square. Thence 
along the west side of said square N. 8* E. 22.20 vas. and N. 7| E. G2.80 varas 
to the N. \V. exterior corner of the mission wall or uuiralla of the mission. 



—24— 

Thence along north side of said wall S. 75| E. 51.90 vas. Thence running across 
said wall (which is about 1.08 varas thick) and six varas beyond it to cover the 
building site of Carmel de los Reyes, S. 10 W. 7.08 vas. Thence S. 75| E. 20 vas. 
to the N. E. corner of the mission square. Thence along the east side of said 
square S. 10 W. 52.4 vs. to the beginning. But leaving a passage 2 varas wide 
on the north side of the old convent by which access may be had to the yard on 
the east side of said convent from the square of the mission. 

San Antonio, December 1849. 

F. GIRAUD, 
City Sr. Br. 

Note. — For copy of plat referred to, see page 2 of this abstract. 

ESTATE OF SAMUEL A. MAVERICK, DECEASED. 

No. 921. 
IN PROBATE COURT OF BEXAR COUNTY, TEXAS. 
Probate of Will. Oct. 4, 1870. Minutes G, p. 374. 

This cause coming on to be heard, proof of the validity of the writing herein 
filed as the last will and testament of Samuel A. Maverick, deceased, having been 
made by the testimony of Theodore Baklus and Juan Barrera, two of the sub- 
scribing witnesses to said will, which testimony was taken down, sworn to and 
subscribed by said witnesses in open court, the court being satisfied that the 
notices required by law have been given, and no opposition being made or filed 
thereto. 

It is therefore ordered, adjudged and decreed by the court that the writing 
herein filed, purporting to be of the last will and testament of Samuel A. INIaver- 
ick, dec'd., be and same is hereby admitted and probated as the true, valid and 
original last will and testament of the said Samuel A. Maverick, deed. 

It is further ordered by the Court that the said original last will and testa- 
ment, together with the proof thereof, be recorded by the Clerk and that letters 
of executorship issue to Mary A. Maverick on her taking and subscribing the 
oath required lay law, no bond being required under the will. 

Oath. Filed Oct. 4, 1870. Bonds A, p. 331. 

I do solemnly swear that the writing which has been offered for probate is the 
last will of Samuel A. Maverick, so far as I know or believe, and that I will well 
and truly perform all the duties of executrix under the said will, so help me 
God. 

Signed and sworn to by Mary A. Maverick on Oct. 4, 1870. 

Will of Deceased. Filed Oct. 4, 1870. Wills A, p. 105. 

S. A. Maverick's will. • 

Considering the dangers of travel, it is at least prudent to make as I do this 
my last will and testament and deed in fee simple of all and singular the lands 
and property, real personal or mixed, held, owned, possessed or claimed by me in 
this or any other state or country (except as hereinafter excepted). I, Saml. A. 
Maverick, do hereby devise, give and grant in fee simple, the one moiety or half 
to my wife Mary A. and the other half in equal shares to my living children Sam, 
George M., Willie H., Mary B. and Albert. And if my wife should die before I 
do, or either of said children without leaving wife or child living at my death, 
then the survivors to have the property according to the above disposition. All 
the property not distributed at my sd. wife's death is to go toward equalizing 
the value of" each child's share. 

So long as Mary A. finds it convenient, I wish her to exercise ownership and 
chief control of this administration, without her giving and bond whatever or 
being bound to account to any court, but merely having this my will put upon 
the records of deeds, etc., in Bexar County and anywhere else she pleases. And 
all transfers made by my said wife to the children or to any other persons by 
way of bargain and sale shall be good and effectual, without the orders or in- 
tervention of any court or authority. Said Mary A. can, if she pleases, associate 
with her (permanently or from time to time) any of the said children in the 
administration of this* estate. In case of my said wife's death, any one or more 
of said children may go on with the administration as my executor or admr. 



—25— 

of this will, upon putting on record in Bexar Co. a little agreement of all the 
surviving children. And to this end the minors Mary B. and Albei-t shall have 
the same effect and power to sign and act as those of full age. (And here I 
will add that I consider the said minors do not require to have any legally ap- 
pointed or other guardian than their mother's natural protection.) And such 
child or children as shall carry on the administration of this will shall be ex- 
cused and saved from the inconvenience of giving bond for faithful performance, 
provided no one of the other children shall demand in writing that such bond 
be given. • 

I hereby except out of the bulk of my estate the house and lot at the N. W. 
corner of the Plaza by the sequia, given to my daughter-in-law, Ada Bradley 
Maverick and such other property as said Mary A. may think proper to convey 
to her. 

This paper is written hastily, but after a life-long determination as to its main 
features. And I hereby revoke a similar disposition (and all other wills) up 
to this date. San Antonio, 29th of October, 1869. The chief use of this will 
be to save my executors from going into bond and probate court, with long 
winded inventories, etc. 

Signed, SAMUEL A. MAVERICK. 

At the request of S. A. Maverick, who says the foregoing is his last will and 
testament, we subscribe as witnesses to his signature, all present and seeing each 
sign at the same time. 
Frank Reicherzen 
Theodore Baldus 
Juan E. Barrera 
(Proof by the three witnesses named follows) 

MARY MAVERICK, FOR Power of Attornev. 

HERSELF AND AS EXECUTRIX, Dated May 13, 1871. 
to Filed Mav 19, 1871. 

GEORGE M. .MAVERICK. Recorded'in Book Wl, p. 218, Deed 

Records, Bexar County, Tex. 

I, Mary A. Maverick, etc., as executrix of the estate of my deceased husband, 
Samuel A. Maverick and likewise in my own right, do hereby nominate, consti- 
tute and appoint my son, George M. Maverick my true and lawful attorney for 
me and in my name as executrix and in my own right, to sell, lease, dispose of 
or compromise, to purchase, bargain, contract for, sue and defend all suits for 
land or other property, to the same extent that I could do were I personally 
present, and generally to do and perform all acts which I could do as executrix, 
or in my own right in the management or disposal of the property aforesaid, with 
full power of substitution. 

Tliis letter of attorney is irrivocable until the first day of Jan. 1872, and all 
lawful acts performed by virtue of the by my attorney aforesaid George M. 
Maverick shall be as binding on me as if performed by myself in person, either 
within or without the limits of the State of Texas, wherever there is any property 
of the estate of S. A. Maverick deed, or of mine. 

MARY A. MAVERICK and 
MARY A. ilAVERICK as extrx. 
In the presence of: 
T. Pasche 
A. L. McLane 

U. S. Stamp $1.00. 
STATE OF TEXAS, 
County of Bexar. 

Before me, Mortimer Slocum, Clk. of District Court of said County personally 
appeared A. L. IMcLane. one of the subscribing witnesses to the foregoing instru- 
ment of writing, to me well known, who to me on oath acknowledged that in his 
presence Mary A. Maverick, for herself and as executrix of the estate of S. A. 
Maverick, deed, signed and delivered the foregoing instrument of writing, and 
that she declared the same to be her act and deed for the purposes and consider- 
ations therein stated, and tliat he deponent and T. Pasche signed the same as wit- 
nesses at the request of the said M. A. Maverick. 



—26— 

To certify which I hereunto sign my name and affix the impress of my official 
seal, at office in San Antonio, this 19th dav of May, A. D. 1871. 

(Seal) ' ' M. SLOCUIVI, 

Clk. D. C. B. Co., 
By Ed Huppertz, Deputy. 

MARY A. MAVERICK, FOR General Warranty Deed. 

HERSELF AND AS EXECUTRIX. Dated May 31, 1872. 
to Filed June 1, 1872. 

WIIXIE H. MAVERICK. Recorded in Book \\2, p. ,330, Deed 

Records Bexar County, Tex. 

Whereas by the last will and testament of Samuel A. Maverick, deceased, which 
was on the 4th day of October, 1870 duly probated and recorded in the Probate 
Court of said county Mary A. Mayerick was nominated and appointed executrix 
thereof and on the same day letters testamentary to the said IMary A. Maverick 
as executrix of the .estate of said Samuel A. Maverick, deed, were ordered and 
issued by the said court. 

And, whereas full power and discretion is given by the said will to me aS' 
executrix in the bargain and sale of land, without any orders of the probate court 
whatever. 

Know all men that I, Mary A. Maverick, on my own part and as executrix of 
said estate for and in consideration of the sum of $10.00 {and other considera- 
tions below stated) to me in hand paid by Willie H. Maverick, etc. 

Do grant, bargain, sell, convey and deliver unto the said Willie H. Maverick, 
his heirs and assigns, all that tract or parcel of land lying and being in the 
County of Bexar, City of San Antonio, and described as follows towit: TwO' 
lots fronting each other on Houston St., East of Alamo Square, now occupied by 
the United States Government. The first lot is bovmded as follows : N. W. by 
Avenue E. N. by Alamo Branch Ditch, E. by John Stevens and main Alamo Ditch, 
and S. by Houston St. The second lot is bounded N. by Houston St., E. by main 
Alamo Ditch and S. and W. by property of the Catholic Church. This property is 
deeded to Willie in accordance with my husband's last will and testament, re- 
questing me to equalize the properties of the children. 

To have and to hold, etc. with warranty binding self and heirs, etc. 

(Signed) " MARY A. MAVERICK and 

MARY A. MAVERICK, Extx. 

In the presence of: 
Alex E. Sweet 
G. W. Bartholomew, Jr. 

U. S. Int. Rev. Stamp 50c. 

STATE OF TEXAS, 
County of Bexar. 

Before me, AlexE. Sweet, a Notary Public of said county personally appeared 
Marjr A. Maverick, to me well known, who to me acknowledged that on her own 
part and as executrix of th.c estate of S. A. Maverick, she signed and delivered 
the foregoing instrument of writing, and she declared the same to be her act and 
deed for the purposes and considerations tlierein stated. 

To certify Avhicli I hereunto sign my name and affix the impress of my official 
seal at office in San Antonio this 31st dav of May, A. D. 1872. 

(signed) ' ' ALEX E. SWEET, 

(seal) Notary Public B. C. 

W. H. MAVERICK General Warranty Deed. 

to Dated Jan. 25, 1878. 

HONORE GRENET. Filed Jan. 26, 1878. 

Recorded in Book 5, p. 538, Deed 

Records Bexar County, Tex. 
Consideration $2750 paid. 

Grant, bargain, sell, convey and deliver unto the said Honore Grenet, l.ia 
heirs and assigns, the following described property situated in the State of 



—27— 

Texas, county of Texas and City of San Antonio, tliat portion of Alamo Block 
described as follows: 

Commencing for the northwest corner at a point on the south line of Houston 
st. 53 varas (147 22/100 feet) S. 78| E. from the northwest corner of said 
Alamo block, S. E. intersection of Alamo Plaza with Houston St., Thence S. 11 
W. 30* varas (a4 27/100 feet) for S. W. corner. Thence S. 78J E. 2flA varas 
(73 J feet) to Alamo ditch for S. E. corner. Thence up said ditch to Houston 
St. for N. E. corner. Thence N. 78| W. 45 varas (125 feet) along Houston Street 
to beginning. 

For title see deed Marianno Romano to S. A. Maverick July 27, 1841, recorded 
in Bexar County Book A, No. 2, p. 470 and Deed S. A. Maverick, by executrix 
W. H. Maverick, May 31, 1872, recorded in Bexar County in Book W. No. 2, p. 
33(5. The said deeds arc hereby made part of this instrument. 

To have and to hold. etc. 

(signed) WM. H. MAVERICK. 

In the presence of : 
E. H. Terrell 
Wm. H. Young. 

STATE OF TEXAS, 

County of Bexar. 

Before me, Wm. H. Young, a Notary Public in and for said county personally 
appeared W. H. Maverick, to me well known, who acknowledged that he signed 
and delivered the instrument of writing on the reverse hereof and he declared the 
same to be his act and deed for purposes and considerations therein stated. 

To certify wiiich I hereunto sign my name and affix my official seal at office in 
San Antonio this the 25th dav of January, A. D. 1878. 

WM. H. YOUNG. 

(seal) Notarj^ Public of Bexar County, Texas. 

MARGUERITE GRENET BOWMAN Power of Attorney. 
AND HUSBAND, P. G. BOWMAN, Dated March 10, 1882. 
to Filed March 13, 1882. 

BRYANT CALLAHAN. Recorded in Book 22, p. 233, Deed 

]\ecords, Bexar Co., Tex. 

In consideration of the sum of $3,140 to me in hand paid by Bryant Callahan, 
etc., do hereby make, constitute and appoint the said Bryant Callahan my true, 
sufficient and lawful attorney, irrevocable, for me and in my name place and 
stead to collect by due process of law or otherwise my share of the estate of my 
father Honore Grenet, deed, as well as my interestate in the estate of my mother, 
Madelene Coll Grenet, deed, and to carry out the above power and to facilitate 
the settlement of said estate, I hereby authorize my said attorney to compromise 
and compound my interest in said estate, and to execute any and all papers which 
may be necessary and proper to effect the purposes for which tliis power of 
attorney is given, further authorizing my attorney to receive and receipt for any 
property, real, mixed or choses in action, as he may think a fair and just propor- 
tion of my interest in said estates, taking into consideration the difficulty which 
attends the settlement of all estates, giving and granting unto my said attorney 
full power and authority to do and perform all and every act and thing whatso- 
ever requisite and necessary to be done in and about the premises, as fully to all 
intents and purposes as I might or could do if personally present, hereby ratifying 
and confirming all that my said attorney shall do or cause to be done by virtue 
hereof. 

MRS. P. C. BOWjNIAN. 

P. O. BOWMAN/ 
THE STATE OF TEXAS, 
County of Bexar. 

Before me, W. W. Herron, Notary Public of Bexar County, on this day person- 
ally appeared P. C. Bowman and Mrs. P. G. Bowman, wife of P. G. Bowman, 
known to me to be the persons whose names are subscribed to the foregoing in- 
strument of writing, and each acknowledged to me that he executed the same 
for the purposes and consideration therein expressed. And the said Mrs. P. G. 



—28— 

Bowman acknowledged such instrument to be her act and deed, and declared that 
she had willingly signed the same for the purposes and considerations therein 
expressed, and that she did not wish to retract it. 

Given under my hand and seal of office this 10th day of March, A. D. 1882. 

W. W. HEREON, 

(Seal) Notary Public, Bexar County, Texas. 

MARGARITA GRENET BOWMAN Power of Attorney. 
AND HUSBAND, P. B. BOWMAN, Dated Aug. 5, 1884. 
to Filed Aug. 11, 1884. 

BRYAN CALLAHAN. Recorded in Book 38, p. 164, Deed 

■Records, Bexar Co., Tex. 

Do nominate, constitute and appoint Bryan Callahan, etc., our true and law- 
ful agent and attorney in fact for the purpose of selling and making good and 
sufficient deeds in law, so far as regards any interest we may have in and to the 
following described property, towit: 

(First two tracts, in San Antonio, Texas, not here under search.) 

3rd. That tract of land in said State and City known as the Alamo property, 
and bounded on the north by Houston Street, west by Alamo Plaza, south by 
Alamo Plaza and the old Alamo Church, and on the east by Alamo Ditch. 

(And other land not here imder search.) 

And by these presents we further authorize and empower our said agent and 
•attorney to sell and in our names and steads to make titles to any and all lands 
or lots save and except our interest in and to that certain tract or lot of land in 
San Antonio, Texas, situated on the corner of Crockett and Nacogdoches Streets, 
consisting of lots No. 21 and 22, being the old store and warehouses of our de- 
ceased father. 

Giving and granting under our said agent and attorney by these presents as 
full and whole power, strength and authority in and about the premises as if we 
were personally present at the doing thereof. 

MARGARITA GRENET BOWMAN. 
PEYTON G. BOWMAN. 
THE STATE OF SOUTH CAROLINA. 
County of Sumter. 

Before me, Charles E. Bartlett, a Notary Public, on this day personally ap- 
peared Peyton G. Bowman, known to me to be the person whose name is sub- 
scribed to the foregoing instrument, and acknowledged to me that he executed 
the same for the purposes and consideration therein expressed. Also on the same 
day personally appeared Mrs. Margarete Grenet Bowman, wife of said Peyton G. 
Bowman, known to me to be the person whose name is subscribed to the foregoing 
instrument, and having been examined by me privily and apart from her husband, 
and having the same fully explained to her, she the said Margarita Grenet 
Bowman acknowledged such instrument to be her act and deed and declared that 
she had willingly signed the same for the purposes and considerations therein 
expressed, and that she did not wish to retract it. 

Given under mv hand and seal of office this 5th day of August. A. D. 1884. 

CHARLES E. BARTLETT, 

Notary Public. 
EDWARD GRENET Power of Attorney. 

to Dated July 16, 1884. 

HENRY BRAUN. Filed Aug. 11, 1884. 

Recorded in Book 38, p. 1G6, Deed 
Records, Bexar Co., Tex. 

Do nominate, constitute and appoint IMr. Henry Braun my true and lawful 
agent and attorney in fact for the purpose of selling and making good and suffi- 
cient deeds in law so far as regards any interest I may have in and to the fol- 
lowing described property, towit: 

(First two tracts in San Antonio, Texas, not here under search.) 
3d. That tract of land in said State and City, known as the Alamo property 
and bounded on the north by Houston Street, west by Alamo Plaza, south by 
Alamo Plaza and the old Alamo Church, and on the east by Alamo Ditch. 
(And other tracts not here under search.) 



'39 

And by tlicse presents I furtlier autliorize and empower my said agent and at- 
torney to sell and in my name and stead to malce titled to any and all lands or 
lots save and except my interest in and to that certain tract or lot of land ili 
San Antonio, Texas, situated on the corner of Crockett and Nacogdoches Streets, 
consisting of lots Nos. 21 and 22, being the old store and warehouse of my de- 
ceased father. 

Giving and granting unto my said agent and attorney by these presents as 
full and whole power, strength and authority in and about the premises as if I 
was personally present at the doing thereof. 

EDW. GRENET, 

Witnesses : 

Robert M. Hooper 
Ch. P. Tlierriott. 
Consulate General of the United States of America for France, Paris. 

Be it known that on the 16th day of July, 1884, before me the undersigned 
Robert M. Hooper, Vice Consul General of the United States of America at 
Paris in France, personally appeared Edward Grenet, personally to me known 
and known to me to be the person described in and who executed the within in- 
strument and acknowledged to me that the execution thereof freely and volun- 
tarily for the uses and purposes therein mentioned. 

In testimony whereof I have hereunto set my hand and seal of office the day 
and vear above written. 

ROBERT M. HOOPER, 

(Seal) Vice Consul General of tlie United States 

of America at Paris, France. 

EDWARD GRENET Power of Attornev. 

to Dated April 22, 1885. 

HENRY BRAUN. Filed April 22, 1885. 

Recorded in Book 34, p. 627, Deed 
Records Bexar Co., Tex. 

I, Edward Grenet, etc., one of the surviving heirs of Honore Grenet. deceased 
for and in consideration of one dollar to me in hand this day paid by Henry 
Braun, etc., and in consideration of the confidence I impose in said Henry 
Braun, do make, constitute and appoint said Henry Braun my true and lawful 
agent and attorney in fact for me and in my name, place and stead as heir afore- 
said to bargain, sell, grant, release and convey to such person or persons, and 
for such sum or sums of money or other consideration or considerations as my 
said attorney shall deem most to my advantage and profit all the estate, both real 
and personal to which I am entitled as heir aforesaid of the said Honore Grenet, 
deed, and upon such sale or sales convenient and proper deeds with such covenant 
of warranty as to my said attorney shall seem expedient in due form of law as 
my deed or deeds to make, seal, deliver and acknowledge and for me and in my 
name to accept and receive all and every sum or sums of money or other consid- 
eration whatsoever which shall be coming to me on account of the said sale or 
sales and upon the receipt thereof suitable aqquitances in my name and stead 
to make, seal and deliver, and to deposit said sum or sums of money to my credit 
in the San Antonio National Bank and upon such deposit proper receipts in my 
name to take from said bank. Hereby ratifying and confirming all lawful acts 
done by my said attorney by virtue hereof and generally giving to my said at- 
torney full power touching the premises, to execute all things in as ample a 
manner as I might do if personally present, and I do further reserve the right 
of revocation or substitution. This power of attorney cancels and revokes all 
previous powers of attorney previously given bv me. 

EDW. GRENET. 

STATE OF TEXAS, 
County of Bexar. 

Before me, A. S. Chevalier, Notary Public in and for Bexar County in the 
State of Texas on this day personally appeared Edw. Grenet known to me to be 
the person whose name is subscribed to the foregoing instrument and acknowl- 



—so- 
edged to me that he issued the same for the purposes and considerations therein 
expressed. 

Given under mj- hand and seal of office this 22d day of April, 1885. 

A. S. CHEVALIER. 
(Seal) Notary Public, Bexar Co., Tex. 



AUGUST GRENET 

to 
JOHN J. STEVENS. 



]Mortgaoe. 

Dated May 5, 1882. 
Filed May 10, 1882. 
Recorded in Book . . , 
Records, Bexar Co. 



p. 75, Deed 
Tex. 



Whereas, August Grenet and justly indebted to John J. Stevens in the sum of 
$1,180, as is evidence by my promissory note of even date hereof, payable 12 
months after date, and being interest at 12 per cent after maturity. 

An whereas T am entitle as heir of my father, Honore Grenet, and as heir of 
my deceased mother, as is shown by the last will and testament of said Honore 
Grenet, deceased, to one-fifth interest in the estate of said Honore Grenet and 
in the community estate of my deceased mother. 

And whereas, I am desirous of securing more effectually the payment of said 
indebtedness and all interest due thereon. 

Now, therefore, no all men by these present, that I August Grenet, in con- 
sideration of the premises, do grant, sell and convey and set over unto the said 
John J. Stevens all my right, title and interest in said estate of my deceased 
father and mother. To have and to hold the same as a lien or security for the 
payment of my said indebtedness. 

And I further authorize and empower the said John J. Stevens or assigns or 
holder of said promissory note to collect from the executor of the estate of 
said Honore Grenet, out of moneys coming to me as heir of said father and 
mother, a sum of money sufficient to pay said Stevens what may be due aim on 
said note. And I hereby authorize and empower said executor to pay to said 
John J. Stevens whatever may be due on said note; and said Stevens is author- 
ized to receipt for said money and the same shall be a charge against me in 
settling with the executor of said estate. 

And I hereby ratify and confirm all and everything whicli my said attorney 
may lawfully do in the premises. And I hereby nominate, constitute and ap- 
point the said John J. Stevens my true and lawful attorney for me and in my 
name to collect from said executor moneys sufficient to pay said note and all in- 
terest due thereon. 

AUGUST GRENET. 
STATE OF TEXAS, 

County of Bexar. 

Before me P. H. Ward, a notary public in and for Bexar County, on this day 
personally appeared August Grenet, known to me to be the person whose name 
is subscribed to the foregoing instrument and acknowledge to me that he executed 
the same for the purposes and consideration therein expressed. 

Given under my hand and seal of office this 5th day of May, A. D. 1882. 

P. H. WARD, 

(Seal) Notary Public, Bexar County, Texas. 



JOHN J. STEVENS Transfer of Mortgage, 

to Dated Nov. 17, 1901. 

MRS. KATE L. STONE. Filed Dec. 9, 1901. 

Recorded in Book 199, p. 197, Deed 

Records Bexar Co., Texas. 
Consideration one dollar, paid. 

Bargain, sell, release and for ever quick claim unto the said Mrs. Kate L. Stone, 
heirs and assigns, all my right, title and interest in and unto that tract or 
parcel of land, lying in the County of Bexar, and State of Texas, described as fol- 
lows, to wit : All the rights, interest or title vested in me by a deed dated May 
5, 1882, and recorded in Volume 23, p. 75, in the deed records of Bexar Coimty, 
Texas, wherein August Grenet, creates in me a power of attorney and vests in 



—31— 

me a mortgage to all his interest in the the estate of his father, Honore Orenet, 
deceased. 

To have and to hold, etc. 

JOHN J. STEVENS. 
STATE OF TEXAS 

County of Bexar. 

Before me Geo. R. Hines. a Notary Public in and for Bexar County, Texas, on 
this day personally appeared John J. Stevens known to me to be the person who is 
subscribed to the foregoing instrument, and acknowledge to me that he executed 
the same for the purposes and consideration therein expressed. 

Given under niv hand and seal of oHice, tliis 18th day of November 1901. 

GEO. R. HINES, 

(Seal) Notary Public, Bexar County, Texas. 

JOHN J. STEVENS Pvelease of Mortgage. 

to Dated :\Iav 15, 1902. 

AUGUST GRENET. Filed May 21, 1902. 

Recorded in Book 200^ p. 258, Deed 
Records. Bexar Co., Tex. 

Whereas, on May 5, 1882 August Grenet did execute, acknowledge and deliver 
to John J. Stevens of Bexar County, Texas, a certain mortgage on all his real es- 
tate situate, lying and being in the County of Bexar in said State of Texas, 
which said mortgage is of record in Vol. 23, p. 75, in the Deed Records of 
Bexar County, Texas, and to which reference is hereby made, to secure the 
prompt payment of a certain promissory note executed bj^ the said August Grenet 
and payable to the order of John J. Stevens, as follows: One note for $1180, due 
12 months from May 5, 1882 and bearing interest from maturity at 12 per cent 
per annum. 

And, whereas, said note with accrued interest thereon has been fully paid, and 
at the time of sucl> payment said note was the property of said John J. Stevens. 

Now, therefore, etc., do by these presents remise, release and quit claim unto 
the said August Grenet. heirs and assigns the lien heretofore existing on said 
premises by virtue of said mortgage, and do hereby declare the same fully re- 
leased and satisfied. 

JOHN J. STEVENS. 

Witnesses : 

T. E. Joiner. 
Adolph Wessely. 

STATE OF TEXAS, 
County of Bexar. 

Before me, Geo. R. Hines, Notary Public in and for Bexar County, Texas, on 
this day personally appeared John J. Stevens, known to me to — the person 
whose name is subscribed to the foregoing instrument and acknowledged to me 
that he executed the same for the purposes and consideration therein expressed. 

Given under my hand and seal of office, this 16th day of May A. D. 1902. 

GEO. R. HINES, 

( Seal ) Notary Public, Bexar Co., Texas. 

AUGUST GRENET ]\Iortgage. 

to Dated Mav 22, 1882. 

BRYAN CALLAHAN. Filed May 22, 1882. 

Recorded' in Book 17, p. 55S, Deed 
Records Bexar Co., Tex. 

Whereas I am justly indebted to Bryan Callahan in a large sum of money, as 
evidenced by my promissory note of even date hereof, payable three months after 
date and bearing interest at the rate of 12 per cent per annum after maturity. 
And whereas, I am entitled as heir of my father Honore Grenet and as heir of my 
deceased mother, as is shown by the last will and testament of said Honore 
Grenet and in the community estate of my deceased mother. 

And whereas, I am desirous of securing more eft'ectually the payment of said 



— 3?— 

indebtedness and of any and all otLer future sums which the said Callahan may 
advance to me in person, as well as all interest due or to be due thereon, it 
being understood that all sums of money advanced to me by the said Callahan 
shall bear interest from tlie date upon which said advance is made at the rate of 
12 per cent per annum until paid. 

Now, therefore, etc., grant, sell and convey and set over unto the said Bryan 
Callahan all my rights title and interest in said estates of my father and mother, 
and empower the said Callahan to collect from the executor of the extate the said 
Honore Grenet my entire interest and, share in said estate, and I hereby au- 
thorize and empower said executor to deliver and set over unto the said Calla- 
han my interest as aforesaid in said estates, hereby declaring that the receipt 
of Bryan Callahan to said executor for my interest and share in said estate shall 
be sufficient to discharge said executor and to dispense and release the said exec- 
utor from any and all claims which I have and may have against him in his 
capacity aforesaid. 

And 1 do hereby nominate, constitute and appoint the said Bryan Callahan my 
true sifficient and lawful attorney, irrevocable for me and in my name hereby 
ratifying and confirming all and every thing which my said attorney may do 
in the premises. 

AUGUST GRENET. 
STATE OF TEXAS 

County of Bexar. 

Before me, Sam S. Smith, County Clerk of Bexar County, on this day personally 
appeared August Grenet, known to me to be the person whose name is sub- 
scribed to the foregoing instrument and acknowledged to me that he executed the 
same for the purposes and consideration therein expressed. 

Given under mv hand and official seal at office in San Antonio this 22d day of 
May A. D. 1882. " 

SAM S. SMITH, 
(Seal) County Clerk, Bexar Co., Texas. 

By Juan E. B^rrera, Deputy. 

BRYAN CALLAHAN Release of Mortgage, 

to Dated Feb. 8, 188G. 

AUGUST GRENET. Filed March 20, 1886. 

Recorded in Book 43, p. 70, Deed 
Records, Bexar Co. Tex. 

Whereas, the promissory note and the indebtedness of August Grenet to 
Bryan Callahan more fully described in the mortgage coupled with a power of 
attorney bearing date May 22. 1882, and made and delivered by said Grenet unto 
said Callahan, duly recorded in the registry of Bexar County, in Vol. 17, p. 553 
and 554, has been fullly paid and satisfied by said Grenet. 

Now, therefore, know all men by these presents, that I, Bryan Callahan the 
holder and owner of said note and mortgage, do hereby declare the same to be 
canceled and extinguished and released and relinquished unto said August Grenet 
and to his heirs or assigns forever. 

BRYAN CALLAHAN. 

STATE OF TEXAS. 
County of Bexar. 

Before me, J. H. French, Notary Public in and for Bexar County, Texas, this 
day personally appeared Bryan Callahan, known to be to be the person whose 
name is subscribed to the foregoing instrument of writing and acknowledged to 
me that he signed the same for the purposes and considerations therein ex- 
pressed. 

Given under mv hand and seal of office this 18th day of February, A. D. 1886 

J. H. FRENCH, 

(Seal) Notary Public, Bexar County, Texas. 



AUGUST GRENET 

to 

MARY G. CALLAHAN. 



Power of Attornev. 
Dated Fob. 3, 1883. 
Filed March 13, 1883. 
Recorded in Book 25, p. 404, Deed 
Records Bexar Co., Tex. 



Do make, constitute and appoint Mary G. Callahan, etc., my true and lawful 
attorney in fact for me and in my name, place and stead to bargain, sell and con- 
vey in fee simple all my right, title and interest, for such price, upon such 
terms of credit to such persons as she shall think fit, the following described 
premises situated in the City of San Antonio, County of Bexar, and described as 
fdllows: 

(First three tracts not here \ni(ler search) 

4th That certain tract of land commencing at the 8. W. corner of the old 
convent building. Thence running in 112 E. along the outer face of the W. wall 
of the said convent building 191 feet to the N. W. corner of said convent building. 
Thence along the south boundary line of Houston street S. 78f E. 107 22/100 
feet to a point in line with the wall of the old convent yard. Thence running in 
a line with said old convent wall and toward it S. 11 W. 84 72/100 to tiie N. E. 
corner of the old convent yard. Thence S. 783 E. 73 feet to a stake on the west 
bank of Alamo ditch. Thence down the bank of said ditch to a point in a line 
Mith the South wall of the old convent building and yard for S. E. corner of this 
lot. Thence N. 78f W. running in a line with south wall of said convent yard 
and building about 148 feet to the point of beginning. 

(Fifth and sixth tract not here under search) 

7tli Any and all of the real estate lying and being in Bexar County, Texas, 
and not specially mentioned herein. 

Given and granted unto my said attorney full power and authority to do and 
perform all and every act and thing whatsoever requisite and necessary to be done 
in and about the premises, as fully, to all intents and purposes, as I might or 
could do if personally present, hereby ratifying and confirming all that my said 
attorney shall lawfully do by virtue hereof. 

AUGUST GRENET. 
STATE OF TEXAS, 

County of Bexar. 

Before me. Bryan Callahan, Notary Public in and for Bexar County, on this 
day personally appeared August Grenet, known to me to be the person whose 
name is subscribed to the foregoing instrument and acknowledged to me that he 
executed the same for the purposes and considerations therein expressed. 

Given under mv hand and seal of office this 3d day of Feb. A. D. 1883. 

BRYAN CALLAHAN, 

(Seal) Notary Public, Bexar County, Tex. 



AUGUST GRENET 

to 

MARY GRENET CALLAHAN. 



Power of Attornev. 
Dated Julv 18, 18"84. 
Filed Aug. 11, 1884. 
Recorded in Book 38, 



Records Bexar Co., Tex. 



p. 168, Deed 



Do nominate, constitute and appoint my sister, Mrs. Mary Grenet Callahan, 
etc., my true and lawful agent and attorney in fact for the purpose of selling and 
making good and sufficient deeds in law, so far as regards any interest I may 
liave in and to the following described property, to wit: . 

(First two tracts, in San Antonio, Texas, not here imder search) 

3rd. That tract of land in said State and City known as the Alamo property 
and bounded on the North by Houston Street, west by Alamo Plaza, south by 
Alamo Plaza and the old Alamo Church, and on the east by Alamo Ditch. 

(And other lands not here under search.) 

And by these presents I further authorize and empower my said agent and 
attorney to sell and in my name and stead to make titles to any and all lands 
lU" lots of land save and except my interest in and to that certain tract or lot of 
land in San Antonio, Texas, situated on the corner of Crockett and Nacogdoches 
Streets, consisting of lots Nos. 21 and 22, being the old store and warehouses of 
mv deceased father. 



—34— 

Giving and granting unto my agent and attorney by these presents as full and 
whole power, strength and authority in and about the premises as if I was per- 
sonally present at the doing thereof. 

AUGUST GRENET. 
In the presence of: 

Theodore R. Shear. 

STATE OF NEW YORK, 

City and County of Xew York. 

Before me, Theodore R. Shear, Notary Public for the City and County of 
New York, on this day personally appeared August Grenet. known to me to be 
the person whose name is subscribed to the foregoing instrument, and acknowl- 
edged to me that he executed the same for the purposes and consideration therein 
expressed. 

Given under mv hand and seal of office this 18th day of July, A. D. 1884. 

THEODORE R. SHEAR, 

(Seal) Notary Public City and County of New York. 

AUGUST GRENET Transfers. 

to Dated April 9, 1885. 

GEORGE FREYGANG. Filed May 7, 1885. 

Recorded in Book 40, p. 489, Deed 
Records Bexar Co.. Tex. 

In consideration of the sum of $1,000 to me paid, etc., do assign, transfer and 
set over unto the said George Freygang any and all amounts or sum or sums 
of money that may be due and coming to me as my share of the community 
interests of my deceased mother and the estate of my deceased father Honore 
Grenet, my said share being one-fifth of $50,000, as set forth in the last will and 
testament of my said deceased father upon my said share the sum of $6,400 has 
been paid to me or to my order by the late executor of said last will. 

And I hereby authorize and empower the said George Freygang, his executors, 
administrators or assigns, to receive and collect from the present administrator 
of the said estate of my deceased father any and all. sums of money for his own 
use and benefit as may be yet due and coming to me as my share of the afore- 
said community interest of my deceased mother, and to give to the said admin- 
istrator acquittances thereof, the same as I might do if this assignment and 
transfer had not been made. 

(Seal) AUGUST GRENET. 

STATE OF NEW YORK, 
City and County of New York. 

Before me, Thos. B. Cliflford, a Commissioner of Deeds for the State of Texas 
in New York, on this day personally appeared August Grenet. known to me to be 
the person whose name "is subscribed to the foregoing instrument and acknowl- 
edged to me that he executed the same for the purposes and considerations therein 
expressed. 

Given under my hand and seal of office this 9th day of April, A. D. 1885. 

THOS. B. CLIFFORD, 206 Broadway, 

(Seal) Commissioner for the State of Texas in New York. 

ESTATE OF HONORE GRENET. DECEASED. 

No. 1269. 
IN PROBATE COURT, BEXAR COUNTY, TEX. 

Probate of Will. Marcli 21, 1882. :\Iinutes I, p. 318. 

This day came on to be heard the application of Joseph E. Dwyer for the 
probate of" the last will and testament of Honore Grenet, deceased, and to cod- 
iciles endorsed thereon. And it appearing to the satisfaction of the court, from 
the evidence A. Heusinger, one of the subscribing witnesses to the will and of 
Henry Braun, Charles Theriott, reduced to writing, that said Honore Grenet is 
dead, that he died on the 20th day of February, A. D. 1882 in San Antonio, 
Bexar County, leaving an estate situated in said county and elsewhere, that he 



left a last will and testament bearing date June 1, 1869, and to codicils endorsed 
thereon bearing date July 11, 1873, and Sept. 21, 1881 respectively, that the 
document filed herein on the 25th day of February, 1882, is the valid last will 
and testament of said H. Grenet deceased, that said will has been proved as de- 
scribed by law, that Joseph Dwyer whose name as executor of said will witiiout 
bond, and tliat said Josepli Dwyer is not disqualified from accepting letters testa- 
mentary; that due and legal notices have teen given and returned, that no 
opjKJsition has been made or filed thereto. 

it is tlierefore ordered, adjudged and decreed by the court that said instrument 
of writing be admitted to probate as the last will and testament of Honore Gre- 
net, deceased, and that same together with evidence be recorded by the clerk and 
it is further ordered by the court that letters testamentary issue to said Joseph 
Dwyer (better known as Joseph E. Dwyer) upon his taking the oatli prescribed 
by law, no bond being required under said will. It is further ordered that said 
executor return an inventory and list of claims of said estate, and that Otto H. 
Wefing, Leo Nardo Garza and Otto G. Xeutwich be appointed to appraise the 
same. 

Will and Codicils. Filed Marcli 20, 1SS2. -Minutes I, p. 319. Translated from 
the French for the abstracters. 

STATE OF TEXAS, 
Countj^ of Bexar. 

I, the undersigned Honore Grenet, a French citizen established in the business 
of a merchant in the city of San Antonio, Bexar County, Texas, etc., being on the 
point of taking a trip to Europe, which always presents danger, I have resolved 
to dispose of my effects before my death, which I do by the present testament 
and in manner following, viz. : 

Article 1. I declare that I was lawfully married to Miss Magdeleine Coll, who 
died in Marseilles (in France) on Dec. 21, 1864, leaving as her survivors, the 
issue of our marriage, five children, of whom two are boys and three girls, all of 
whom are living today and known by the following Christian names, to wit: 
The two boys are named Edward and August Grenet and the three girls Mary 
Margaret and Adle Grenet. The five are minors and under my control. 

Article 2. I constitute my five children above named as" my general nnd 
resitluary legatees of all property whatsoever know to belong to my estate at the 
moment of my death. They shall devide my said estate in portion of equal 
value, according to the appraisement made of the same, under the care and di- 
rection of my testamentary executrix hereinafter named, with an eye to the 
division of the same amongst them, observing however, the following: 

I wish and decree that my daughter ]Mary shall receive in her share, accord- 
ing to their just value my dwelling house situated in said city of San Antonio, 
in the neighborhood of the Alamo, together with the store houses and other 
buildings erected on the two town lots constituting my resident, it bein^ well 
understood that the ground of those two lots shall be comprised in her part. 

(Gives to daughter ^Margaret other land he has in Texas, and to daughter 
Adele all the real estate he has in France.) 

As for my two sons, Edward and August, they shall receive their respective 
shares out of the personal property of my estate, giving to these wards personal 
property, they shall include all that is not realty. 

Article 3. Names as guardian of the persons and estate of his minor cliildren 
his sister Madam Gerard, born Emilie Grenet, a widow, living in France, etc. 
And in order to facilitate the accomplishment of the onerous duty I have imposed 
upon the devotion of my said sister P^milie Grenet, widow Gerard, I name her 
as my testamentary executrix, giving her during a year and a day the seizin of 
that part of my effects existing in France at the moment of my decease. As for 
my estate in Texas. I wish that my said sister shall be wholly exempt from the 
obligation of giving security whatever to secure the justice of lier administration. 
She shall not be held to give any security to answer for her administration as 
guardian, having absolute confidence in her honesty. 

Article 4. I order furtherfore, taking advantage of the provisions of tlie law 
that the court of the County shall have nothing to do witli my estate, except to 
receive the proof of my present will and to have the same registered, and to re- 



—•36— 

ceive the inventory to be made according to law of the goods composing my said 
estate. 

Article 5. (Provides for closing np his mercantile business.) 
Such is my will recorded in this document by a strange hand at my request, 
and after having first read the same I declare that it contains the expression 
of my thoughts, and in which opinion I declare I still persist. Thus made and 
signed in San Antonio, in the presence of the witnesses required by law, the 
first day of June, 1S69. 

H. GREXET. 
Witnesses : 

Detler Xiper, 
A. Heusinger. 

San Antonio. July 11, 1873. At 11 o'clock of the night before my departure 
for France I republish the foregoing and desire that all the property I possess 
shall be divided among my five children, share and share alike, and that neither 
of them shall be entitled to preference, and that everything shall be appraised 
anew, in order to make an equal division. I choose to make the partition Messrs. 
F. Guilveau, G. H. Kampmann and Mr. P. Gallagher. 

H. GREXET. 

San Antonio, Sept. 21, 1881. (Deals with $100,000 in cash and securities 
deposited with bankers in Paris, France.) In the event that my sister. Madam 
Gerard, shall be unable to serve as testamentary executrix I appoint Joseph 
Dwver, whom I invest with the same authoritv. 

H. GREXET. 

Qualification. March 21, 1882. Minutes I, p. 332. 

Comes Joseph E. Dwyer, and having taken the oath of executor of the last 
Vi'ill of Honore Grenet, deceased, as prescribed by law, presents the same to the 
court and the court being satisfied that the same is correct, orders that the same 
be approved and entered of record. 

(Oath follows, statutory form.) 

Administrator Appointed. Xov. 17, 1884. Minutes J., p. 596. 

It is ordered by the Court that the applicant George H. Kalteyer have leave 
to file his first supplemental petition herein. 

And thei-eupon on this day came on to be heard the application of George H. 
Kalteyer for letters of administration with the will annexed upon the estate of 
Honore Grenet, deceased, and it appearing to the Court that citation in this 
behalf was duly issued and served according to law, and the opposition of C. H. 
Merritt having been considered and overruled, and it appearing to the court that 
the said application of said George H. Kalteyer is made by the authority of the 
heirs of said Honore Grenet, deceased, and there being no further opposition 
thereto, and it appearing to the Court that there is a necessity for letters of 
administratioii of said estate. 

It is ordered, adjudged and decreed by the Court that adminisl ration with the 
will annexed upon said estate of Honore Grenet, deceased, and that George H. 
Kalteyer receive letters of administration with the will annexed as heretofore, to 
wit, on the 30th day of March, 1882, by the jiulgment of this court probated. It 
is further ordered that said George H. Kalteyer do give a bond in this behalf of 
$150,000, conditioned as the law directs, and that letters of administration do 
issue to him upon the giving of said bond and taking the oath prescribed by law. 
It is further ordered that Henry Braun, C. H. Merritt, Wm. H. Young. C. M. 
Barnes and Otto Xeutwich be and the same are hereby appointed appraisers of 
said estate. 

Qualification. Xov. 19, 1884. Minutes J, p. 617. 

It is ordered by the Court that the bond and oath filed by Geo. H. Kalteyer as 
administrator with the will annexed of the Estate of Honore Grenet. deed., be 
approved and recorded. 

(Bond and oath in usual form follow, bond in sum of $150,000.) 



—87— 

Inventory and Appiaisonient. Dec. 5. 1884. Minutes J, p. 633. 

It is ordered by the Court in vacation that the inventory, appraisement and 
list of claims filed by Geo. H. Kalteyer as administrator with the will annexed 
of the estate of Honoro Grenet, deed., be approved and recorded. 

Note. — The inventory follows, and includes: Lot and improvements thereon, 
on corner of Houston Street and Alamo Plaza, including gas apparatus and 
fixtures, being the separate property of the testator Honore Grenet. deed.. $30,000. 

Inventory signed and sworn to by the administrator and also by three of the 
appraisers named in his appointment, etc. 

C^aini of r>isl)op Neraz Approved. Minutes K.. v- 12. 

This inth day of January, 1885, in open court coming on to be heard the 
application of J. C. Neraz for tlie approval of his certain claim against the 
said estate, and it appearing to the court that the said claim wqs properlv veri- 
fied in accordance with the law, and that same had been allowed by George 
Kalteyer, administrator of said estate, for the amount of .$1800, principal, and 
interest thereon from Dec. 18, 1884, at 9A per cent per annum, and on purchase 
money $.596.22 interest accrued thereon to said Dec. 1, 1884. 

And it further appearing to the Court that said amount is secured by a mort- 
gage with power of sale executed by said Honore Grenet, deed., Nov. 30, 1877. and 
recorded in the office of County Clerk of said Bexar County. Texas, in Record 
Book No. 7, pages 373, 4, 5, upon a certain lot oi' parcel of land situated in 
said County of Bexar and State of Texas, within the corporate limits of the City 
of San Antonio, and described as follows, to wit: Commencing at the southwest 
corner of the old convent building. Thence running N. Hi E. along the entire 
face of the west wall of the said convent building 191 feet to the northwest 
corner of said old convent building. Thence along the south boundary line of 
Houston Street S. 78| E. 147 feet to a point in a line with the east wall of the 
old convent yard. Thence running in a line with said old wall and towards it, 
S. 11 W. 84 72/100 feet to the northeast corner of the old convent yard. Thence 
S. 78| E. 73 feet to a stake on the west bank of the Alamo Ditch. Thence down 
along the bank of said ditch to a point in a line with the south wall of the old 
convent building and yard for the southeast corner of this lot. Thence N. 78 ^ W. 
running in a line with the south wall of said convent yard and building about 
198 feet to the place of beginning. Being a part of the old Alamo property in 
said city. 

It is therefore considered by the Court, and it is so ordered, adjudged and de- 
creed that the said claim be in all things approved for the said amount of 
$1800, principal, and interest thereon from Dec, 1, 1884, at 9^ per cent per 
annum, and the further sum of $596.22 interest thereon accrued to said Dec. 1, 
1884, and that the said sum of $18,000 principal, $596.22 accrued interest, and 
interest upon said principal after Dec. 1, 1884, is and that be a lien upon said 
aforesaid property for the payment of the same. 

Claims Ordered Paid. Jan. 24, 1885. Minutes K. p. 55. 

This order directs tlie administrator to pay certain taxes arid also to pay in- 
terest on the approved claim of Bishop H. Neraz to Dec. 1, 1884, amounting to 
$596.27, and also thret notes, a part of the claim of said Bishop J. C. Neraz, also 
approved, each for $1000, being now due and unpaid and being secured by deed of 
trust on the Alamo property, the interest and notes to be paid out of the money 
received for rent of said Alamo property, etc. 

Order of Sale. :\farch 18. 1885. Minutes K, p. 117. 

This day came on to be heard the application of Geo. H. Kalteyer, administra- 
tor with the Avill annexed of the estate of Honore Grenet, deceased, for an 
order to sell, for the jjurpose of paying debts and expenses of administration, the 
following property belonging to the aforesaid estate, viz.: (Several tracts not 
liere under search.) 

Third. Lots (with improvements) on Alamo Plaza and Houston Street in 
the City of San Antonio, known as Grenet's Alamo store, the property aforesaid 
being bounded on the north by Houston street, fronting 2654 feet more or less 



—38— 

upon said street, on tlie south by Alamo Plaza, fronting 89 feet more or less on 
said Plaza, and also by the old Alamo Churcli property sold to the State of 
Texas, and running back to the ditch, bounded on t!ie west by. Alamo Plaza, front- 
ing on said Plaza 191 feet and on the east by Alamo Ditch. For further descrip- 
tion of same to deed conveying same by Rev. Bishop A. D. Pellicer to said Honore 
Grenet, recorded in the office of said County Clerk. 

And it appearing to the Court that legal notices have been given and returned, 
and that no opposition is made or filed thereto, and that a necessity exists for 
the sale of said property for the purpose of paying debts due by the estate and 
expenses of administration. 

It is therefore ordered, adjudged and decreed by the court that said George 
H. Kalteyer, administrator Avith the will annexed of the estate of Honore Grenet, 
deceased, proceed to sell said property at iJublic or private sale for cash, and that 
he make due report of such sale iie nuiv make to this Court for confirmation. 

Filed Feb. 13, 1885. 

Confirmation Sale. Jan. 19, 1886. 'Minutes K, p. 584. 

In this cause came on to be heard the report of sales, by the administrator, 
George H. Kalteyer, filed Dec. 9, 1885, and it appearing to the Court that there 
was a valid and subsisting lien upon the property on Alamo Plaza and Houston 
streets, purchased at the reported sale by Hugo and Sclimeltzer, through H. L. 
Degener, their agent, in favor of Bishop J. Neraz, and that the sale of said prop- 
erty was made for the satisfaction of said lien upon said property, and that the 
sale of same was made for a fair' price. And it further appearing to the Court 
that the property sold to George J. P. Schmitt at private sale and to Dr. F. Herff 
and Fred Cocke at private sale, was also for a fair price, and it appearing to 
the eourt that it was to the interest of said estate that all said sales were made 
as ordered by the Court and as now reported by the administrator, it is ordered 
and decreed by the Court that said report of sales be in all things confirmed, that 
the sales be approved and that tlie administrator be ordered to make good and 
proper deeds of conveyance to the purchasers upon their complying with the terms 
of sale, and that said report of sale be ordered of record. 

Note.- — Report of sale is recorded on page 545, and shows that the administrator 
sold at public sale, in front of the courthouse door, on the first Tuesday of De- 
cember 1st, 1885, (among other land) 3rd. to Maj. A. J. Fry, Alamo store property, 
having a front of 265 feet more or less on E. Houston St. and 280 feet more or 
less on E. and W. side of Alamo store, with all buildings now occupied by Messrs. 
Hugo and Schmeltzer, to Mr. Hans L. Degener, agent for Messrs. Hugo and 
Schmeltzer, for the sum of $28,000. This sale is made with the conditions of the 
vendors lien held by Bishop Neraz. 

ESTATE OF HONORE GRENET, Deed. 

DECD., Dated Jan. 23, 1886. 

to Filed Feb. 1, 1886. 

CHARLES HUGO, Recorded in Book 48, p. 50, Deed 
GUSTAV SCHMELTZER AND Records, Bexar Co., Tex. 

WM. HEUERMANN, Consideration $28,000 paid. 

Whereas, on Feb. 13, 1885. George H. Kalteyer, administrator of the estate of 
Honore Grenet, deceased, filed his application in the County Court of Bexar 
County for an order of sale of the property hereinafter described. 

And whereas, on the 18th day of March, 1885, and on July 28th and July 29, 
1885. the County Court, by decrees duly recorded in the probate minutes of said 
court, ordered the sale of said property, see records of Bexar county. Journal K, 
pps. 113 and 324. of the said probate minutes. 

And whereas, in conformity with said decrees of said court, the administrator of 
the estate of Honore Grenet, deceased, advertised the sale of said property for the 
time and in the manner prescribed by law and directed by i^aid court, and there- 
upon on the first day of December sold said propeity at public outcry before the 
courthouse door of Bexar County to Hugo and Schmeltzer for the sum of $28,000 
cash, that being the highest and best bid therefor. 

And, whereas, on the 29th day of December, 1885, the said administrator filed 
his report of the sale aforesaid in the County Court of Bexar county, and there- 
upon, the same coming up for hearing, the said County Court made and caused 



—39— 

to be entered upon its minutos the following order and decree: (Copies order of 
confirmation dated Jan. 19, 1886, and here before shown in this abstract.) 

Now, therefore, T, George H. Kalteyer, administrator of the estate of Honore 
Grenet, etc. (consideration paid by Hugo and Schmeltzer, a firm composed of 
Charles Hugo, Gustav Schmeltzer and Wni. Heuermann ) . 

Do bargain, sell, convey and deliver unto the said Hugo and Schmeltzer, their 
heirs and assigns, all and singular the following descrilx'd tract or parcel of land 
lying and being in the County of Bexar and in the State of Texas, and in the 
City of San Antonio, bounded on the north by Houston Street, E. by Alamo Ditch, 
S. by tract of land heretofore sold to the State of Texas and known as "The 
Alamo"' and Alamo Plaza, and west by said Alamo Plaza, and being the same 
property conveyed to Honore Grenet, now deceased, by Anthony Bominic Pellicer, 
and W.'h. ]\Iaverick by two several deeds recorded in the recoixls of Bexar County 
in Vol. 7, p. 373, in Vol. 5. pps. 538 and 539, to which reference is hereby made. 

The tract or parcel of land herein conveyed is more particularly described as 
follows: Beginning at a stake set on the west bank of Alamo Ditch, being the' 
S. E. corner of tliis tract and the N. E. corner of the tract heretofore sold to the 
State of Texas, as aforesaid. Thence N. 79-1/3 W. 200 feet 2-2/5 incites. Thence 
N. 11 33' E. 191-52/100 feet. Thence S. 79-1/10 E. 272-22/100 feet. Thence with 
the meanders of said ditch to the place of beginning. 

To have and to hold, etc., forever. 

GEORGE H. KALTEYER. 
Admr. with the will annexed. Est. of H. Grenet, Deed. 

THE STATE OF TEXAS, 
County of Bexar. 

Before me the undersigned authority, personally appeared Geo. H. Kelteyer, 
administrator of the estate of Honore Grenet, deceased, known to me to be the 
person whose name is subscribed to the foregoing instrument, and acknowledge 
that he had executed the same for the person and consideration therein expressed. 

Given under mv hand and seal of office, this 28th dav of January A. D. 1886. 

" J. H." FRENCH, 

(Seal) Notary Public, Bexar County, Texas. 

CHAS. HUGO, WM. HEUERMANN Deed in Trust. 

AND GUSTAV SCHMELTZER Dated Feb. 2nd, 1880. 

to Filed Feb. 3rd, 1886. 

L. C. GROTHAUS, TRUSTEE. Recorded in Book 46, p. 578, Deed 
ROSSKEN GERTSLEY & CO., Records, Bexar Co.. Tex. 

C. Q. T. 

Bargain, sell, transfer, and confirm unto the said L. C. Grothaus and his suc- 
cessors in trust and his or their assigns the following described property, to witt: 
Being all that tract or parcel of land lying and being the County of Bexar, State 
of Texas, and in the citv of San Antonio, bounded N. bv Houston St. '?"'^ Ft. 
W. by Alamo Plaza 182 'ft., S. Alamo Plaza and the old 'Alamo Church 200 ft., 
and E. by the Alamo Ditch, being the same property r-onveyed by Anthony Dominic 
Pellicer, Bishop of San Antonio and W. H. Maverich to the late Honore Grenet, 
see record of Bexar County Vol. 7, p. 373, and Vol. 5 p. 538. et seq., and by Geo. 
H. Kelteyer Administrator of Honore Grenet, deceased, conveyed to these vendors, 
see also rrcords of Bexar County, to which several deeds reference hereby made 
for more particular description and train of transfers. 

In trust to secure beneficienry in payment of five notes dated Jan. 23rd, 1886, 
for five thousand each, payable in one. two, three, four, and five years, 6 per cent 
interest, payable semi-annually. 

With power of sale. etc. 

CHAS. HUGO. 

O. SCH^TFLTZER. 

w. heuer:^iann. 

STATE OF TEXAS, 
County of Bexar. 

Before me Thad W. Smith, county Clerk for and within said state and county, 
on this day personally appeared Chas. Hugo, G. Schmeltzer and Wm. Heuermann, 



40- 



composing tlie firm of Hugo and Sclmieltzer known to me to be the persons whose 
names are subscribed to the foregoing instruments and acknowledge to me that 
they executed the same for the purposes and consideration therin expressed 
(Mven under my hand and seal of office ----- - -- 



( Seal ) 



R0SSIO.M, GERSTLEY & CO. 

to 

CHAS. HUGO, WM. HEUERMANN 

AND GUSTAV SCHMELTZER. 



this 2nd. day of February A. D. 1886. 

THAD W. SMITH, 
County Clerk, Beaxar Countv. Texas. 
By H. B. Potts." Deputy. 

Release Deed of Trust. 
Dated June 23. 1890. 
Filed Sept. 5, 1890. 
Recorded in Book 78, p. 153, Deed 
Records, Bexar Co., Tex. 



Whereas, on the 2nd day of February, 1886, Charles Hugo, Wm. Heuermann 
and Gustav Schmeltzer, composing the firm of Hugo and Schmeltzer, etc., made, 
executed and delivered unto Rosskam, Gerstley & Co., etc., their certain five prom- 
issory notes for $5000 each, bearing 6 per cent interest per annum, and to secure 
the payment thereof on the same day made, executed and delivered unto L. C. 
Grotha'us, as trustee, their certain deed of trust upon the following described prem- 
ises, to wit: All that tract or parcel of land lying and being in the county of 
Bexar, State of Texas, and in the City of San Antonio, and bounded on the north 
by Houston Street, 272 feet, on the west by Alamo Plaza 192 feet, on the south 
by Alamo Plaza and the old mission church 200 feet, and on the east by the 
Alamo Ditch, which said deed of trust is recorded in the records of Bexar County 
in volume 46, page 578 et seq. 

And whereas, the said payors Hugo & Schmeltzer, the firm composed of the 
members aforesaid, have fully paid and discharged said five promissory notes, 
together with all the interest due thereon, according to their tenor and effect. 

Now, therefore, Ave, the payees of the promissory notes aforesaid, acknowledging 
full payment thereof, hereby release, relinquish and reconvey unto said payors, 
Charles Hugo, Wm. Heuermann and Gustav Schmeltzer, composing said firm of 
Hugo and Schmeltzer all and singular the premisses above described, hereby can- 
celing and annulling all right, claim, interest, title and demand we had and held 
in and to said premises by virtue of the notes and deed of trust aforesaid. 

ISAAC ROSSKAM. 

HENRY GERSTLEY. 

LOUIS GERSTLEY. 

WILLIAM GERSTLEY. 
Comprising firm of Rosskam, Gerstley & Co. 

THE STATE OF PENNSYLVANIA, 

City and County of Philadelphia. 

Before me, Jos. R. Teller, a Notary Public in and for the County and State 
aforesaid, this day personally appeared Isaac Rosskam, Henry Gerstley, Louis 
(jeistley, William Gerstley, known to me to be the persons whose names are sub- 
scribed to the foregoing instrument and acknowledged to me that they executed 
the same for the j'urposes and consideration therein expressed. 

Given under my hand and seal of office this 23d dav of June, A. D. 1890. 

JOS. R. TELLER, 

(Seal) Notary Public. 



CHAS. HUGO. 

GUSTAV sch:meltzer 
AND WM. heuer:mann 

to 
REAGAN HOUSTON. 



General Warranty Deed. 

Dated Sept. 11, 1890. 

Filed Sept. 11, 1890. 

Recorded in Book 05, p. 361, Deed Rec- 
ords, Bexar Co., Tex. 

Consideration: .$160,000 as follows: 
$60,000 cash and three notes of even 
dale for $33,333.33 each due on or 
before 12, 18 and 24 months from 
Oct. 1, 1890, 8 per cent interest. Ven- 
dor's lien. 

Grant, sell, convey and deliver unto the said Reagan Houston, etc.. all that 
certain tract, parcel or piece of land lying and being in the State of Texas and 



—41— 

County of Bexar and in tlio City of San Antonin. Ixmnded on tlie Xortli by 
Houston Sti'eet, east by the Alamo Ditcli. south b\- a tract of land heretofore 
sold to the State of Texas and known as the "Alamo" and Alamo Plaza, and west 
by said Alamo Plaza, and beino; the property conveyed to Honore Grenet, now 
deceased, by Anthony Dominic Pellicer and W. H. Maverick by two several 
deeds recorded in the records of Bexar County in Vol. No. 7, page 373, and Vol. 
No. 5, pages 538 and 539, to which reference is hereby made. 

The tract or parcel of land herein conveyed is more particularly described as 
follows: Beginning at a stake set on the west bank of Alamo Ditch, being the 
southeast corner of this tract and the northeast corner of the tract heretofore 
sold to the State of Texas as aforesaid. Thence N. 79^ W. 200 feet 2 2/5 inches. 
Thence N. 11 33' E. 191 52/100 feet. Thence S. 79 1/10 E. 272 22/100 feet. 
Thence with tlie meanders of said ditch to the place of beginning. And being the 
same property conveyed to these grantors by the administrator of the estate of H. 
Grenet, deceased, by deed dated Jan. 3, 1886. recorded in the records of Bexar 
County, Texas, in Vol. No. 48, pages 50, 51 and 52. 
To have and to hold. etc. 

CHAS. HUGO. 

W. HEUERMANN. 

G. SCHMELTZER. 
THE STATE OF TEXAS, 
County of Bexar. 

Before me. Henry Lajiger, a Notary Public in and for Bexar County, Texas, on 
this day personally appeared Chas. Hugo, W. Heuermann and G. Schmeltzer, 
composing the firm of Hugo and Schmeltzer, known to me to be the persons 
whose names are subscribed to the foregoing instrument, and acknowledged to me 
that they executed the same for the purposes and consideration therein expressed. 

Given under mv liand and seal of office this 11th day of September, A. D. 1890. 

HENRY LAAGER, 

(Seal) Notary Public, Bexar County, Texas. 



REAGAN HOUSTON Special Warranty Deed, '"By, through 

to or imder me."' 

CHAS. HUGO. Dated April 18, 1892. 

WM. HEl'ERMANN AND Filed April 20, 1892. 

G. SCH:MELTZER. Recorded in Book 106, p. 612, Deed 

Records, Bexar Co., Tex. 

Whereas, on Sept. 11, 1890, grantees herein, composing the firm of Hugo & 
Schmeltzer, etc.. executed and delivered luito Reagan Houston, etc., their deed to 
a tract of land in the City of San Antonio, Bexar County, lying and being on the 
corner of Alamo Plaza and Houston Street, and bounded East by the Alamo Ditch, 
south by property sold to the State of Texas, West by Alamo Plaza and north 
by East Houston Street, which said deed of conveyance is recorded in the oflUce 
of the County Clerk of Bexar County in Vol. 65, on pages 361-363, and to which 
reference is hereby made for description and all further particulars. 

And wdiereas, only part of the purchase money was paid for the property above 
described by the said Houston to the said Hugo, Heiiermann and Schmeltzer, and 
a. vendor's lien was specially retained for the payment of the balance of the pur- 
chase money, to wit: the sinn of $100,000. as evidenced by three certain notes of 
even date with said deed of conveyance for the sum of $33,333.33 each. 

And whereas, two of the aforesaid notes, interest on said total amount, as well 
as taxes, are now due and payable, and whereas, I am desirous but unable to pay 
the amount so due. 

Now, therefore, I, Reagan Houston, for and in consideration of the premises 
and in consideration of the surrender of the said promissory notes to me by the 
said Hugo and Schmeltzer in full satisfaction of my said debt to them, etc. 

Do grant, bargain, sell, convey and deliver unto the said Chas. Hugo, Wm. 
Heuermann and G. Schmeltzer all and singular the premises above described. 

REAGAN HOUSTON. 
THE STATE OF TEXAS, 
County of Bexar. 

Before me. Wm. S. Temple, a Notary Public in and for Bexar County, Texas, 
on this day personally appeared Reagan Houston, known to me to be the person 



—42— 

whose name is subscribed to tlie foregoing instrument, and aclcnowledged to me 
that he executed the same for tlie purposes and consideration therein expressed. 

Given under mA' hand and seal of office tjiis 18th day of April, A. D. 1802. 

WM. S. TEMPLE, 

(Seal) Notary Public, Bexar County, Texas. 

WM. HEUERMANN. General Warranty Deed. 

GUSTAV SCHMELTZER Dated May 12, 1900. 

AND CHAS. HUGO Filed Feb. 10, 1904. 

to Recorded in Book 22.3. p. 259, Deed Rec- 

HCGO & SCHMELTZER COMPANY. ords, Bexar Co., Tex. 

Co7isideration: .$75,000 evidenced by 

three notes for $25,000 each, due on 

or Ijefore five years, 4 per cent interest 

and 10 ner cent attorney's fee. Ven- 

j dor's lien. 

Grant, sell and convey unto the said Hugo & Schmeltzer Company, a corpo- 
ration, et-c., all that certain tract, parcel or piece of land lying and being situated 
in the State of Texas, County of Bexar, and within the corporate limits of the 
City of San Antonio, on the east side of Alamo Plaza, and being tlie same property 
conveyed to these vendors by the executor of the estate of H. Grenet, deceased, 
and bounded on the south by the Alamo and Alamo Plaza, on the east by the 
property of Mrs. Eliza Gallagher, on the north by E. Houston Street, and on the 
west by Alamo Plaza. 

$75 tj. S. Rev. stamps canceled. 

W. HEITERMANN. 
G. SCHMELTZER. 
CHAS. HUGO. 
THE STATE OF TEXAS, 
County of Bexar. 

Before me, Louis Heuermann, a Notary Public in and for Bexar County, Texas, 
on this day personally appeared Wm. Heuermann. G. Schmeltzer and Chas. Hugo, 
known to "me to be tlie persons whose name are subscribed to the foregoing instru- 
ment and acknowledged to me that they executed the same for tlie purposes and 
considerations therein expressed. 

Given under my hand and seal of office, this 12t]i dav of May, A. D. 1900. 

LOUIS HEUERMANN, 

(Seal) Notary Public, Bexar County, Texas. 

ESTATE OF WTLLTAM HEUERMANN. DECEASED. 

Will Probated. July 16, 1900. Minutes 15, p. 455. 

No. 2846. 

IN PROBATE COLTRT OF BEXAR CO., TEXAS. 

On this tlie 16th day of July, A. D. 1900, came on to be heard the application 
for the probate of the last will and testament of said deceased and for letters 
thereon, filed herein on the 26th day of June A. D. 1900, by Mrs. Lina Heuermann 
and George Heuermann. And it appearing to the court that legal notices of the 
filing of said application have been issued and posted in the manner and for the 
length of time required by law, and no one came to contest the same, and it 
further appearing from the testimony of the subscribing witnesses t-^ said will, 
sworn to and subscribed in open court and filed herein, that said Wm. Heuermann, 
deceased, dies in the Countv of Bexar, in the State of Texas, where his residence 
and principal estate was situated, on the 17th day of May, A. D. 1900, that this 
Court has jurisdiction of the estate, that four years have not elapsed since his 
decease, prior to the said application, that said deceased at the time of executing 
said will was over 21 years of age and of sound mind, that said will was executed 
with the formalities and solemnities and under the circumstances by law to make 
it a valid will, and that such will has not been revoked by said testator, that the 
said Mrs. Lina Heuermann and George Heuermann are named in said will as 
executors thereof without bond, and are not disqualified by law. 

It is therefore ordered and decreed by the Court that said will is hereby proven 



—43— 

and established as tlie last will and testament of said William Heuermann, de- 
ceased, and that Mrs. Lina Heuermann and George Heuermann named in said 
will and appointed executors of said will and estate, without bond as directed in 
the will of said testator, and that Albert Steves and Henry Umscheld and Jesse 
M. Bell, three discreet and disinterested persons are appointed appraisers of said 
estate and that the Clerk of this Court issue warrant of appraisement to each 
of said appraisers. It is further ordered by the Court that letters testamentary 
iipon said will and estate of Wm. Heuermann, deceased, be and the same are 
hereby rjranted to the said Mrs. Lina Heuermann and George Heuermann upon 
taking the oatli as required by law, and that the Clerk is further required to issue 
letters testamentary in accordance with this order to the said Mrs. Line Heuer- 
mann and George Heuermann when they shall have qualified according to law. 

Note: The application is recorded on page 459, and states facts as recited in 
the above order, etc. 

Will of Deceased. Filed June 26, 1900. Minutes 15, p. 459. 

THE STATE OF TEXAS, 
County of Bexar. 

I, Wm. Heuermann, a resident citizen of said County and State, being of sound 
and disposing mind and discretion, do make, ordain and publish this my last will 
and testament. 

Items I to V and VII make special bequeaths of personality, etc. 

VI. I give, devise and bequeath unto my wife Lina Heuermann the homestead 
consisting of the house and premises now occupied by us as a home, situated in 
the City of San Antonio, Bexar County, and I give and bequeath unto my wife 
Lina the use and profits of my other property, real and personal and mixed, until 
my children shall all have become of age, when all property remaining of my 
estate shall be divided among all my children, share and share alike. 

VIII. I appoint my wife Lina and my son William executors of this my last 
will and testament, and in case of the death of my wife I appoint my daughter 
Lina executrix in her stead. 

IX. (Appoints the same two guardian of minor children.) 

X. I will and ordain that my said executors shall not be required to give bond 
as such nor shall they be entitled to any commission or remuneration for their 
services as executors, except their actual expenses, which shall be paid out of my 
estate. 

XL No court shall take further proceedings in the administration of my estate 
than such as the law imperatively requires. 

XII. I hereby revoke any and all wills I may have heretofore made. 
Witness mv hand at San Antonio, the 14th dav of April, A. D. 1885. 

W. HEUERMANN. 

The above instrument was now here subscribed by W'm. Heuermann, the tes- 
tator, in our presence, and we at his request and in his presence sign our names 
hereto as attending witnesses. 

L. C. GROTHAUS. 
G. SCHMELTZER. 
Codicil. 

In place of my son William, who is dead, I appoint my son George, with the 
same power as was given my son William in the above instrument. 
Given under mv hand this 14th Julv, 1892. 

W. HEUERMANN. 
Codicil 2. 

I hereby authorize my executors Lina Heuermann and George Heuermann to 
dispose of my interest in the Alamo property purchased l)v the meml>ers of the 
firm of Hugo & Schmeltzer from Reagan Houston, at any time they may see fit, 
and their convevance shall be in all respects absolute. 

July 16, 1892. WM. HEUERMANN. 

Oaths. Filed July 19, 1900. Minutes 15, p. 488. 

Oaths of Line Heuermann and Geo. Heuermann as executors, etc., in statutory 
form, dated July 19, 1900. 



—4-1— 

Inventory. Minutes 16, p. 161. 

Inventory approved Sept. 14, 1900, and includes: "500 shares of stock of the 
Hugo & Schmeltzer Co., with contigent interest in property on Alamo Plaza or 
proceeds thereof, $50,000.00." 

MRS. LINA HEUERMANN Release of Vendor's Lien. 

AND GEORGE HEUERMANN, Dated Sept. 28, 1903. 

INDEPENDENT EXECUTORS OF Filed Feb. 10, 1904. 
THE ESTATE OF WM. HEUER- Recorded in Book 221, p. 162, Deed 
MANN, DECD., CHAS. HUGO AND Records, Bexar Co.. Tex. 
GUSTAV SCHMELTZER 
to 
THE HUGO & SCHMELTZER 
COMPANY. 

Whereas, on May 12, 1900, Wm. Heuermann, Gustav and Chas. Hugo did exe- 
cute and deliver to the Hugo & Schmeltzer Company, a corporation existing under 
and by virtue of tlie laws of the State of Texas, a certain deed of conveyance, 
wherein the parties first named did convey to the party last named the following 
tract or parcel of land, to wit: All that certain tract or parcel or piece of land 
lying and being situated in the State of Texas, County of Bexar and within the 
corporate limits of the City of San Antonio, on the east side of Alamo Plaza, and 
being the same property conveyed to Hugo & Schmeltzer by the executor of H. 
Grenet, deed, and bounded on the south by the "Alamo" and Alamo Plaza, on the 
east by property of Mrs. Eliza Gallagher, on the north by East Houston Street, 
and on the west by Alamo Plaza. 

And whereas, as a part consideration for said land the said Hugo & Schmeltzer 
Company did execute and deliver to the said Wm. Heuermann, Gustav Schmeltzer 
and Chas. Hugo three certain promissory notes each for the sum of $25.00, bearing 
even date with said deed and payable to Wm. Heuermann, Gustav Schmeltzer and 
Chas. Hugo on or before five years after the date thereof and a vendor's lien was 
expressly retained in such deed to secure the payment of said promissory notes. 

And whereas, said promissory notes have been fully paid oft" and discharged, 
both principal and interest, and at the time of their payment said notes were the 
property of the undersigned. 

Now, therefore, etc., do remise, release^ quit claim, discharge and acquit unto 
the said Hugo and Schmeltzer Co., their successors and assigns, the vendor's lien 
heretofore existing upon the land and premises aforesaid. 

LINA HEUERMANN. 
GEORGE HEUERMANN, 
Independent executors of the estate of Wm. Heviermann, deceased. 

CHAS. HUGO. 
G. SCHMELTZER. 
STATE OF TEXAS, 

County of Bexar. 

Before me, W. A. Wurzbach, a Notary Public in and for Bexar County, Texas, 
on this day personally appeared Mrs. Lina Heuermann and George Heuermann, 
independent executors of the estate of Wm. Heuermann, deceased, Chas. Hugo and 
Gustav Schmeltzer, known to me to be the persons whose names are subscribed to 
the foregoing instrixment, and acknowledged to me that they executed the same 
for the purposes and consideration therein expressed and in the capacities therein 
set forth. 

Given under my hand and seal of office, this 28th dav of Sept. A. D. 1903. 

W. A. WURBACH, 

(Seal) Notary Public Bexar Co., Tex. 

HUGO & SCHMELTZER COMPANY General Warrantv Deed, 
to Dated Sept. 26, 1903. 

CHAS. HUGO. Filed Feb. 10, 1904. 

Recorded in Book 223, p. 260, Deed 

Records Bexar Co., Tex. 
Consideration $75,000 paid. 

The Hugo & Schmeltzer Co., a private corporation, acting herein by and through 
its president, G. Schmeltzer, and Secy. August Bryan, hereunto duly authorized 



— io— 

by a lesolulion passed on Sept. 15, 1903, by the Board of Directors of said corpo- 
ration, which was authorized and confirmed at a meeting of the stockholders of 
said corporation on the same date, which said corporation has its legal domicile 
in the County of Bexar and State of Texas^ etc. 

Do grant, &"ell and convey unto the said Chas. Hugo, etc., all that certain tract 
or parcel of land lying and" being situated in the County of Bexar, State of Texas, 
and within the corporate limits of the City of San Antonio, and more particu- 
larly described as. follows, to wit: Bounded on the north by Houston Street, on 
the east by Alamo Ditch, on the south by the Alamo and Alamo Plaza, on the 
west by Alamo Plaza and being the same property conveyed to Honore Grenet, 
now deceased by Anthony Dominic Pellieer and W. H. Maverick, by two several 
deeds recorded in the records of Bexar County, Vol. 7, p. 373, and in Vol. 5, 
pp. .538 and 539, and by George H. Kalteyer, administrator of the estate of Honore 
Grenet, deceased, to Hugo & Schmeltzer, by deed dated .Jan. 23, 1886, and recorded 
in the records of Bexar County, in Book Vol. 48, on pp. 50 to 52, and said tract 
of land being described as: Beginning at a stake set on the west bank of Alamo 
Ditch, being the S. E. corner of this tract and the N. E. corner of the tract here- 
tofore sold to the State of Texas and being known as "The Alamo." Thence North 
79-1/3 West 200 feet 2/5 inches. Thence North 11 33' East 191-52/100 feet. 
Thence South 79-1/10 East 272-22/100 feet. Thence with tlie meanders of said 
ditch to the place of beginning. 

This conveyance is, however, made subject to an option to purchase this said 
property given by Charles Hugo, G. Schmeltzer and George Henermann and Lina 
Heuermann as independent executors of the Estate of William Hcuermann, dec, 
to Miss Clara Driscoll on the 18th day of March, A. D. 1903, and which said 
option w'as given in writing and is hereby referred to and made a part hereof. 

Witness the name of said corporation by its President G. Schmeltzer and the 
seal of said corporation attested by its secretary August Briam, Jr., at its office 
in San Antonio, etc. 

(Seal) G. SCHMELTZER, 

Attest: President of the Hugo & Schmeltzer Co. 

AUG. BRIAM, JR., 

Secretary The Hugo & Schmeltzer Co. 

THE STATE OF TEXAS. 
County of Bexar. 

Before me, W. A. Wurzbach, a Notary Public in and for Bexar County, Texas, 
on this day personally appeared G. Schmeltzer, President, and August Briam, Jr., 
Secretary of the Hugo & Schmeltzer Co., known to me to be the persons whose 
names are subscribed to the foregoing instrument and acknowledged to me that 
they executed the same for the purposes and consideration therein expressed, and 
as the act and deed of the Hugo & Schmeltzer Company. 
Given under mv hand and seal of office this Sept. 26. 1903. 

W. A. WURZBACH, 
Notary Public, Bexar Co., Texas. 

CHAS. HUGO General Warrantv Deed, 

to Dated Feb. 10, 1904. 

CLARA DRISCOLL. Filed Feb. 10. 1904. 

Recorded in Book 223, p. 261. 

Deed Records Bexar Co., Texas. 

In consideration of the sum of $75,000 paid and to be paid by Clara t)riscoll as 
follows: $25,000 in cash, etc., and $50,000 as evidenced by five notes of even 
date herewitli for $10,000 each and ])ayal)le on or before one, two, three, four and 
five years after date, with 6 per cent interest until maturity and 10 per cent after 
matTirity, payable annually, failure to pay any interest or note when due, at 
election of holder, to mature all, 10 per cent attorney's fees, vendor's lien re- 
tained, etc. 

Grant, sell and convey unto the said Clara Driscoll. a feme soul of San An- 
tonio, Bexar County, Texas, all ^hat certain tract or parcel of land situated in 
Bexar County, Texas, within the corporate limits of the City of San Antonio, 
and more particularly described, to wit: Bviunded on the north by Houston 
street, on the east by Alamo Ditch, on the south by Alamo and Alamo Plaza, 



—46— 

and on the west by Alamo Plaza, and being the same property conveyed to Hon- . 
ore Grenet, now deceased, by Anthony Dominic Pellicer and W. H. Maverick, by 
two several deeds recorded in the records of Bexar County, in Vol. 7, p. 373, and 
in Vol. 5, p. 538, and by George H. Kalteyer, administrator of the estate of 
Honore Grenet, deceased, to Hugo & Schmeltzer by deed dated Jan. 23, 1886, and 
recorded in the records of Bexar county in Vol. 48, p. 50, and said tract of land 
being described as : beginning at a stake set on the west bank of the Alamo Ditch, 
being the southeast corner of this tract and the northeast corner of the tract 
heretofore sold the State of Texas and being known as "The Alamo." Thence X. 
liii degrees west 200 feet 2 2/5 inches. Thence N. 11 degrees 33 minutes E. 
191 52/100 feet. Thence S. 79 1/10 degrees east 272 22/100 feet. Thence with 
the meanders of said ditch to the place of beginning. 

It is distinctly understood and agreed that this propertj' is purchased by Clara 
Driscoll for the use and benefit of the Daughters of the Republic of Texas, and is 
to be used by them for the purpose of making a park about the Alamo, and for 
no other purpose whatever. 

CHAS. HUGO. 

Witnesses : 

N. S. Graham 
W. A. Wurzbach. 

STATE OF TEXAS, 
County of Bexar. 

Before me, W. A. Wurzbach, Notary Public within and for Bexar County, 
Texas, on this day personally appeared Chas. Hugo, known to me to be the per- 
son whose name is subscribed to the foregoing instrument, and acknowledged to 
me that he executed the same for the purposes and consideration therein ex- 
pressed. • 

Given under my hand and seal of office this 10th day of Feb. A. D. 1904. 

W. A. WURZBACH, 

( Seal ) Notary Public, Bexar County, Texas. 

No. 3464, 45th Dist.' Court. Abstract of judgment 

ALAMO NATIONAL BANK OF S. A. Dated June 8, 1896 

vs tiled August 14, 1896 

SAN ANTONIO DRIVING PARK Recorded in Book 4, p. 284 

ASSN. ET AL. (INCLUDING Judgment Records, Bexar Co., Tex. 

CHAS. HUGO, G. SCHMELTZER Judgment for $20,799.00 

AND WM. HEUERMANN.) Costs: $26.65 

Interest: 10%. 

ALAMO NATIONAL BANK Release of judgment, 

to Dated Oct. 28, 1896 

HUGO & SCHMELTZER ET AL Filed Oct. 28, 1896 

Recorded in Book 4, p. 332, 
Judgment Record Bexar Co., 

Whereas, a certain judgment was recovei'ed by the Alamo National Bank in the 
45th Judicial District Court of Bexar County, Texas, at the June term, 1896, for 
the sum of $26,799.00 and interest, which judgment was duly recorded and ab- 
stracted in the records of Bexar County, Texas, to which reference is herewith 
made, said judgment having been obtained against A. C. Schryver, H. D. Kamp- 
mann, Ehaendorf Co., the last named both as a company and as individuals, 
Hugo, Schmeltzer & Co., the last named both as a company and as individuals, 
U. Lott and B. F. Yoakum. 

Now, therefore, for and in consideration of the said above named judgment 
having been fully satisfied, the said Alamo National Bank, acting by and through 
Chas. Hugo, President of said Bank, etc.. does remise, release, quit claim, dis- 
charge and acquit to the said parties herein above named all and singular said 
judgment, interest and all liability arising therefrom. 

^LAMO NATIONAL BANK. 

(Seal) By Chas. Hugo, President. 



— IT- 
STATE OF TEXAS, 

County of Bexar. 

Before me, Otto Ottesen, a Notary Public in and for Bexar County, Texas, on 
this the 28tli day of October, 1896, personally appeared Chas. Hugo, known to 
me to be the person whose name is subscribed to the foregoing instrument, and 
acknowledged to me that he executed the same for tlie purposes and considera- 
tions therein expressed, and as the act and deed of the said Alamo National 
Bank. 

OTTO OTTESEN, 

(Seal) Notary Public, Bexar Covuity, Texas. 

TEXAS TITLE COMPANY. 
Abstract No. 5053. 

We lierewith certify that the foregoing is a complete abstract of all instru- 
ments of writing placed upon record in the public records of Bexar County, 
Texas, affecting the title to the real estate described herein at page 1. 

Our search covers the County Clerk's office, the District Court (except tax 
suits), the Probate Court, United States Circuit and District Court. 
Witness our signature, this January 27, 1905, at 8:00 a. m. 

TEXAS TITLE COMPANY (Incorporated), 

By W. Morris, Secretary, 
ESTATE OF H. GRENET, DECEASED. 
No. 1269. 

Report of Sale. Filed Dec. 29, IHSo. Min. K., p. 545. 

Your petitioner, George H. Kaltej-er, adm'r, estate of H. Grenet, respect- 
fully reports that he has sold at public sale in front of the Court House door, 
on the first Tuesday of December 1st, 1885, the following property: 

(Among other property.) 

I bird. To ^laj. A. J. Fry, Alamo store property, having a front of 265 
feet more or less on East Houston Street and 280 feet more or less on E. and 
\V. side of Alamo Store with all buildings now occupied by Messrs. Hugo & 
Schmeltzer to Mrs. Hans Degener, agent for Messrs. Hugo & Smeltzer, for the 
sum of $28,000. 

This sale is made with tlie conditions of the vendor's lien held by Bishop 
Neraz. 

Here follows report of rents : 

Third. The Alamo building was leased to Messrs. Hugo & Schmeltzer at a 
rental of .^300, and on which there was due $900 which I collected on Nov. 
28, 1884, and the tenants being dissatisfied, they asked for a reduction, which 
was approved bv your Honorable Court to $250 per month. 

GEORGE H. KALTEYER, 
Admr. Est. of H. Grenet, deed. 

SAVorn to and subscribed to before me this 29th day of Deeember, A. D. 1885. 

THAD W. SMITH, Co Clk. Bex. Co., Tex. 

(Here follows report of rents, continued, and herein omitted.) 

We hereby certifj^ that the foregoing is an abstracted copy of the report of 
sales made by George H. Kalteyer, Administrator of H. Grenet, deceased, and 
filed in the Probate Court of Bexar County, Texas, December 29, 1885, as the 
same appears of record in IMinute Book K, p. 545, Probate Records, Bexar 
County, Texas. 

Witness our signature, this ^tfarch 7, 1905. 

TEXAS TITLE COMPANY, (Inc.) 

(Seal.) By R. 0. Huff, Mgr. 

C. G. CARTTAR 

NOTARY PUBLIC 
EXPERT ACCOUA'TANT. 

San Antonio. Texas. January 20, 1912. 

To His Excellency, 0. B. Colquitt, Governor of the State of Texas, Austin, Texas. 
Sir: I take the liberty of asking your attention to the following extract from a 



—48— 

General warranty deed dated 12th May, 1883, and recorded in Book 31, p. 265 
of Bexar County Records. From the Roman Catholic Church by Bishop John 
C. Neraz to the State of Texas conveying the "Alamo Chvirch." 

"Whereas, There is reason to believe, and it is generally understood that this 
grantor is seized and possessed of a surplus strip of ground of some nine (9) 
feet in width adjoining the above described property and lying on its south 
side and constituting a part thereof, and 

"Whereas, It is the intention of both parties that the entire Alamo property 
not heretofore conveyed shall be conveyed to the State of Texas, 

"Therefore, The said strip of land is hereby conveyed to the State of Texas as 
fully to all intents and purposes as had the same been herein described by 
metes and bounds, with general warranty except as to the strip mentioned." 

I notice that there is now a fence on the south side of the Alamo Chapel, 
which fences off part of this nine feet "strip,"' enclosing also such part of the 
roadway as is between such fence and the wall of the building now occupied by 
the Collins Auto. Co., and there is a gate across such road. 

Such roadway extends from the east side of Alamo Plaza, to the old ditch. 

The course of this ditch is now very distinctly shown by a stone slab across it. 

Until quite lately, and for over twenty years, this roadway Mas a public high- 
way from the Plaza to the ditch, and was used as such. 

By whom or by what right it has been closed I do not know. 

The State of Texas as the owner of the Alamo Property I presume, owns the 
whole width of the Alamo ditch. It seems to have been dug (previously to 
1792, when adjoining land was allotted by the Alcalde), by the Fathers of the 
Mission of San Antonio Valero and, of course, on their own land. 

Such land, when the land was abundant, (when?) reverted to the original 
owners and their assigns, and would not be subject to the original owners and 
their assigns, and would not be subject to any custom of its being divided be- 
tween adjoining owners. 

Surely this fence and gate should be removed and the right of way be de- 
clared for public use. 

I have the honor to be, Sir, 

Yours very respectfullv, 

C. G. CARTTAR, 
Alamo National Bank Bldg., San Antonio, Texas. 

In a general warranty deed dated May 12. 1882, recorded in Book 31, p. 26.5, 
Bexar County records, conveying the Alamo Church to the State of Texas by 
the Roman Catholic Church, is the following clause: 

"Whereas, There is reason to believe, and it is generally understood, that 
this grantor is seized and possessed of a surplus strip of ground some nine feet 
in width adjoining the above described property and lying on its south side and 
constituting a part thereof; and, 

"Whereas, It is the intention of both parties that the entire Alamo property 
not heretofore conveyed shall now be conveyed to the State of Texas. 

"Therefore, The said strip of land hereby conveyed to the State of Texas as 
fully to all intents and purposes as had the same been herein described by 
metes and bounds." 

"With general warranty except as to the strip mentioned." 

RT REV C M. DUBUIS BY N. A. GALLAGHER. HIS AGENT AND ATTOR- 
NEY, TO RT. REV. J. C. NERAZ. BISHOP OF SAN ANTONIO. 

STATE OF TEXAS, 
County of Galveston. 

Know all men oy these presents that I, N. A. Gallagher. Bishop of Galveston, 
in said Slate of Texas, am figent and attorney of Right Reverend Claudius Maria 
Dubuis, Catholic Bishop of Galveston, in said State of Texas, only thereunto 
constituted, was appointed by instrument in working only signed and acknowl- 
edged by the said Dubui.^. dated March 22nd. 1882. and recorded in the office of 
the Cou'ntv Clerk of Galveston County, Texas, in Record Book 42, in pages 111, 
112 and 113, for and in considei'ation of the sum of the dollars to me in hand 
paid by the Right Reverend Bishop J. C. Neroz. of the Diocese of San Antonip, 
in said State of Texas, and for the purpose of efl'ecting a transfer to the said 



—49— 

Neroz as Right Kev. Bisliop of the ^aid Diocese of San Antonio, of all property 
lying within the boundaries of the present Diocese of San Antonio, being the 
property of tlie ("atholic Chuvcli and formerly held in trust by the said Dubuis 
a? Bishop of Galveston for and in behalf of the said Catholic Church, and as the 
Bishop thereof, and toinicily incluiied and situated in the Diocese oi \.hj a.'.id 
Dubuis as the said Kiglit Rev. Bisho]) of d'alveston have granted, sold, conveyed, 
aliened and transferred, and by these ])resents do grant, sell, convey, alien and 
transfer all the property, leal, i)ersonal and mixed, lands, tenements and heredita- 
nuMits lately held in trust f( r the said Catholic Church, and as one Bishop thereof 
by the said Claudius Afaria Dubuis. Bishop aforesaid of the said Diocese of 
(lalvcston. to the Right Re^■erend J. C. Xeraz, Bishop of the said Diocese of San 
Antonio, in said State of Texas, the said property herein transferred and con- 
v:*yed, l.\'ing and 'oeiiig situated within the said State of Texas, in that portion 
of the State of 'J'exas composing the present Diocese of the San Antonio, and 
including and composing all the aforesaid property' situated within the liound- 
aries of the said Diocese of San Antonio, being as follows, towit: Begin- 
ning in the Gulf of Mexico at the mouth of the thence with the meander- 

ings of said Colorado Uivev iiorihwcstcrly to the River in Scurry 

County, thejice tJirough Scurrey, Borden, Dawson and Gaines Counties to the 
diA'ision line between New Mexico and the State of Texas, thence south with 
said division line to the thirty- second parallel of latitude, thence west with said 
parallel of latitude to tlve Rio Grande River, thence southeasterly with the 
meanderir.gs of said Rio Grande Rivei' to the mouth of the Arrogo de los Her- 
nianos in \^'ebb County, thence east to the San Roque Creek in said Webb 
County, thence Avith the meanderings of the San Roque to where it debouches 
into the Nueces River in Dimmitt County, thence due east to the boundary line 
between Live Gak and Be(! Counties, thence northeasterly with said boundary 
line to a point Avhere the said boundary line turns to the northeast, thence 
northeast with said boundary line to the south boundary line of Karnes County, 
thence wi;:h said south boundary lino of Karnes County to the south boundary 
line of Dewitt County, thence with said south boundary line of Dewitt County 
to the northwest corner of Victoria County and the northeast corner of Goliad 
County on the IS-Mile Creek, thence with the western boundary line of said 
\'ictoria County and partly folloAving the meanderings of the San Antonio River 
to where the San Antonio River debouches into the Guadalujie River, thence 
with the United Stream of Six Rivers to the Bay of San Antonio, thence through 
the center of San Antonio Bay through Matagorda, thence south at a point 
south of Mosquito Point in (^alhoun County, thence northeast with the southern 
coast of iVIatagorda Island and ^latagorda Peninsula one south of the mouth of 
the Colorado River, thence north to the said mouth of the Colorado River, to 
have and to hold the above described property, together with all and singular 
the risrhts and ap]nirtenanccs thereto in anv wise belono-ino- nnt" +li^ «-^i'i Rifrht 
Rev. J. C. Neraz as Bishop aforesaid and his successors to the said Diocese 
of San Antanio forever, and I, the said Gallagher, for and in belief of the said 
Right Reverend C. M. Dubuis as aforesaid, do hereby bind him, his heirs, ex- 
ecutors and administrator to warrant and forever defend all and singular the 
said premises unto the said J. C. Neraz as said Bishop of said Diocese and his 
suct-essors against every person whomsoever lawfully claiming or to claim the 
same or anv part thereof bv. through or under him, the said Right Reverend 
C. AT. Dubuis. 

Witness mv hand this 3 dav of August, A. D. 

NICHOLAS A. GALLAGHER. 

Bp. Admr. of Galveston. 
Atty. of Rt. Rev. C. M. Dul uis. 

Witnesses : 

L. Chaland. 
T. K. Crowley. 

STATE OF TEXAS, . 
County of Galveston. 

Jlefore me. Joseph Franklin, a Notary Public in and for the State and County 
aforesaid, or this day personally appeared Nicholas A. GallaLdier. attorney in 
fact for the Right Rev. C. M. Dubuis, known to me to be the person whose 
name is subscribed to the foregoing instrument, and acknowledged to jue that 



—50— 

he executed the same as attorney in fact of aforesaid for the purijoses and 
consideration therein expressed. 

(iiven under my hand and seal of office at Galveston, Texas, this 4th day of 
Auaust, A. D. 1882. 

JOSEPH FRANKLIN, 
Notary Public for Galveston County, State of Texas. 
Alamo, Texas, June 8, 1882. 

Endorsed: Filed for record in my office Sept. 22, 1882, at 10:30 o'clock A. M. 
Thad . Smith, Co. Clk. By Juan E. Barsera, Deputy. 

The committee on the part of the Texas Vetei-an Association for the purchase 
of the Alamo Church propejty met the Rev. Bishop Cortez in pursuance to 
iidjournment from Tuesday at the store of H. Grant, in San Antonio, mirl '-irdly 
received by Major J. E. Dwyer. Col. Frank W. Johnson, Pres. Texan V. A.; 
S.nm S. Smith, James S. Truehart, Mrs. Mary A. Maverick, Pres. Alamo Monu- 
ment Ass.; Rev. Dean Richardson and Sam Maverick. 
Absent: F. S. Paschal, S. Cayce. 

When, after mature consultation, the Rev. Bishop Corez proposed to sell the 
Alamo Church property to the State of Texas at the price of $20,000, which 
proposition was universally agreed upon and accepted at the pi'ice of Twenty 
Thousand ($20,000) Dollars, and we recommend its purchase by the State. 

EDWARD MILES, 
Supewiser U. Bexar Co. & Chairman of Committee. 
F. W. JOHNSON, 
MRS. M. A. MAVERICK, 

Pres. A. M. Ass. 
JAMES L. TRUEHEART.. 
J. S. SMITH, 
W. R. RICHARDSON, 

Dean Cathol. St. Mark. 
SAM MAVERir'K. 

Monumental Committee. 

San Antonio, June 8, 1882. 
Col. F. W. Johnson, President of the Texas Veteran Association. 

Sir: In reply to your inquiry as to what price I would place on the Alamo 
Church proper situated on the Alamo Plaza, of the City of San Antonio, I 
would respectfully sav that I will sell same to the State of Texas for the sum 
of Twenty Thousand" ($20,000) Dollars. 
I have the honor to be, 

Verv respectfully, 

JOHN C. NERAZ, 
Bishop of San Antonio. 
SAN ANTONIO, 
vs. 
JOHN ODIN. Supreme Court, 

Austin, November Term, 1855. 

This suit was brought by the appellant to recover the property known as the 
Alamo in the city of San Antonio. From tlie statement of facts, it appears 
that the city of San Antonio was founded about the year 1730. 

The cornerstone of the Alam.o was laid on the 13th of May, 1744. This mis- 
sion, as well as others in the valley of the San Antonio river, was erected by 
order of the King of Spain for the purpose of civilizing the Indians. The mis- 
sions were under the charge of the franciscans, or the Friars of that order, 
which was an order independent of the higher church. 

The mission of the Alamo was formerly known as the jNIission of Valerio, 
and was secularized by order of the Government in 1794. After the seculariza- 
tion, the Indians remaining were sent to the Missions of Conception and San Jose, 
none of the property belonging to this mission was ever disturbed by order 
of the Government, except a few quertos assigned to the Indians. The Friars 
continued to occupy the building until 1801, when the Spanish soldiers took 
possession of the buildings and continued to occupy them until 1835. The con- 



—51— 

sent and permission of the Curate of the Parish was obtained at the time the 
troops took possession of the same. 

In tlie year 1704, after the secularization of the missions, the baptismal 
registry of births and deatlis of this mission were delivered over into the hands 
of the Curate of Bexar, and the people of this mission subject to his jurisdic- 
tion. From 1808 until 18.35 there was a separate registry kept by the company 
stationed at the Alamo for the births and deaths and baptism of said company. 
From the year 1801 until 1835 Mass was frequently celebrated at intervals of 
from eight to ten days and other religious rights, such as baptism and burials 
and marriages. Tlie part of the building originally intended for the church, at- 
tached to the building, was never finished; it never had a roof. One of the 
rooms in another part of the building was fitted up as a chapel and was used 
as such. The Mission of -the Alamo is situated within the limits of the city 
of San Antonio. In 1827, the Secretary of the Treasury of Mexico ordered one 
Erasino Seguin to make an inventory of the property belonging to the Na- 
tional Government of ^lexico for the sale of the houses, lot, mills, and lands 
pertaining to the extinguished missions of San Jose, Conception, San Juan, and 
Espado, and the property was so sold, but the conventual houses were rescued 
from sale, except the convent attached to the Mission of San Jose, which was 
sold. There was no order for the sale of the Mission of the Alamo. All of 
these missions were erected in the same manner, and were subject to the same 
authority. The city of San Antonio never pretended to exercise any authority or 
control over the buildings or lots of the Alamo. The church, prior to the 
Revolution, exercised such claim as before stated. After the year 1835 these 
buildings were vacant, and in a very dilapidated condition, and so remained 
until 1841, when tliere were two or three families living in or occupying dif- 
ferent rooms. They took possession without the consent of any one. After 
being there two months, they were told by the Bishop at San Antonio that 
the pro])erty l)plonged to the churcli, and were requested to occupy and take care 
of the same for the church. Then families remained there for ten months, and 
then left. 

About the beginning of the year 1847 the Quartermaster of the United States 
Army took possession of the Alamo buildings and claimed them as belonging 
to the United States Government, but in April of the same year acknowledged to 
hold them as tenants of the Bishop of Texas. 

The fact that the Government held as tenants was not known to the (Cor- 
poration ? ) until about eighteen months before the commencement of the suit. 
The bishop had an agent in San Antonio in 1841. but liis agency was not made 
publicly known, but he did exercise a general control over it. The corporation 
of San Antonio never asserted title to the Alamo until the institution of the 
suit. The plaintiff claims under tlie statute incorporating the city of San 
Antonio of 1837, and also the statute of 1838, amendatory thereof, and also the 
statute of 1842, incorporating the city of San Antonio, and also by former own- 
ership. And the defendant claims under the evidence of ancient possession of 
the church as given in the statement of facts, and under the statutes of the 
Republic of 1841. A jury was named and the judge gave his judgment in favor 
of the defendant, from which judgment the plaintiff appealed. There is no 
shadow of title in the corporation to the property in controversy prior to the 
legislation of the Republic. It had never been claimed, and it was neither a 
common in the city as a plaza was a common way. nor an Ecidor thereof. 
It was neither used or claimed as the proi)erty of the corporation, and it might 
as well have set up such title to any other individual property within tlie city. 
If the claim of the city rested upon ancient ownership, the defendant would not 
be called upon to show any title whatever. If the corporation has any title it is 
derived from the legislation of the Republic. We will therefore proceed to inquire 
what right, if any, the corporation can claim from the acts of the Congress of 
the Republic. ^Yhateve'r right the plaintiff has to the property in question is 
found in the eighth section of the act of Congress of the Republic. It is as fol- 
lows: The said council, in conjunction with the justices of the county courts, 
are hereby empowered and authorized to sell and eliminate such public lots and 
parcels of land as may lie within their jurisdiction, and to wliich there is no 
legal claimant or title, and also to dispose of said houses, or other buildings as 
may have formerly been the jiroperty of the corporations of the said city, and 
the council may therefor recover all debts, forfeitures and accounts occurring 



—52— 

due to said corporation, the proceeds of such sale to be appropriated to the 
erection or repairs of a court house and jail, and other such public buildings 
as may be deemed most fit, and to the erection and endowinent of a public 
school. This act, or the legislative grant, as it has been called, authorized the 
corporation, in connection with the duties of the county court to sell none 
but such land and lots within the city of San Antonio to which there was 
no claim or title, and to sell such houses and other buildings as were formerly 
the property of the corporation. This act did not vest the fee of any property 
in the corporation, and the duties of the county court, but it conferred only a 
power to sell complied witJi a trust, that the proceeds of the sale should be 
appropriated to the particular objects designated. The fee remained in the Gov- 
ernment imtil the trust was executed, and then profered to the Government, 
without ever being in the corporation and justice of the county courts. 

The act of 1838 only changed the act commented on, so far as to authorize 
the corporation authority to do of itself what the former act authorized to be 
done in connection with the duties of the county court. The power to sell gi-ven 
by the two acts cited has never been executed!! and on the 18th day of Jany., 
1841. The Congress of the Republic of Texas passed the following act: "That 
the church of the Alamo in the city of San Antonio, be, and the same is hereby 
yielded and granted for the use of the Catholic Church, upon the same terms 
and conditions as the churches of Conception, San Jose, San Juan and others." 
The act to which the act refers was passed on the 18th day of January, 1841, 
only five days before, and is as follows: "That the churches at San Antonio, 
Goliad and Victoria, the church at Nacadoches, the churches at the Missions 
of Conception, San Juan, San Jose and Espado, and the Mission of Refugio, 
with out-buildings, and the same are hereby acknowledged and declared the 
property of the present Chief Pastor of the Roman Catholic Church in the Re- 
public of Texas, and his successors in office for ever, for religious purposes, and 
purposes of education and none other; provided, that nothing herein contained 
shall be so construed as to give title to aYiy lands except the lots upon which 
the churches are situated which shall not exceed fifteen acres." 

Jt is believed that this act would have been sufficient to have included the 
Alamo, if the acts of 18th of Jany. of the same months had not passed, 
because it includes the chvirches of San Antonio, but for the greater cer- 
tainty the last act was passed only five days after expressly giving the church 
at the Alamo, and the acts may be taken together in support of the defendant's 
rights to the property mentioned therein. 

If the hypostesis is affirmed, that anterior to all legislation under the Re- 
public of Texas the property in question was the property of the Republic, 
and that the act in favor of the corporation if San Antcnio conferred upon the 
corporation all that assumes to be done by these acts, yet the acts subsequently 
passed giving the property to the Catholic Church was' constitutional, and con- 
stituted a valid grant to the church, because, as we have shown that the first 
named gave not the fee but only the power to sue for specific purposes, and 
until the power was execiited the authority remained in the legislature to 
revoke the power and to change the uses for which the first power was given. 
The principles here laid down were considered and decided by this court in 
the case of Bass vs. Fontleroz, Texas, 698, and as we are well satisfied with our 
decision in that case, need not be further discussed. It would have afforded 
the court pleasure to have followed and answered the extended argument of 
the plaintiff's counsel furnished in his printed brief on other questions raised, 
and not noticed for the want of time, and the pressure of other matters. We are 
well satisfied that had we done so the result would not, and could not, have been 
changed. 

We will give a passing notice to the objection to the legislative grant, that it 
is too vague and imcertain as to the persons to whom the trust is confided, and 
the objects it has particularly in view. The case of the Baptist Association vs. 
Hart, 4, Lena R. 371, was to an incorporated association as trustees, who were 
legally incapable of taking the bequest, for the want of a legal existence. The 
case of Green et al. vs. Allen et al., 5th Term R.. 170, was regarded by 
the Supreme Court of as obnoxious to the same objection, and also that 
it was imcertain as to who were the objects or beneficiaries of the bequest, the 
latter case cannot be regarded as settled on satisfactory basis, as the very able 
dissenting opinion in the case leaves some doubt, if in that case the bequest 



—53— 

should not have been sustaintd. This is not believed to come within the ob- 
jections taken in either of those cases, in that there is no unctrtainty as 
to who is to be the trustee to take nor of the capacity to take, nor who 
is to continue to execute the trust. Nor is there any ambiguity as to the 
object of the trust. It is a stronger case than Beaty vs. Kents, 2 Peters, 566, 
which was sustained. If, however, we were not satisfied that this case of 
principle could be distinguished from the case of the Biptist Association vs. 
Hart and Green et al. vs. Allen et al., it is believed it could be sustained on 
the grovuid of its being a legislative grant and not a bequest as wore the two 
cases first noted. And that it could be claimed for this legislative grant that 
if conferred on the persons designated as trustees the capacity to hold, and 
made liim a corporative sole grant the object of tlie act, and the English au- 
thority referred to in Appellers brief, 3 Peters, 99-111). But we do not design to 
put our assertion upon this ground, as the others are entirely satisfactory. 
The judgment is affirmed. 

LIPSCOMB. 
Clerk's Office, Supreme Court, Austin, January, 1856. 

San Antonio Opinion 
John Odin. 

I certify that the foregoing light passed contain a correct copy of the opinion 
in the Supreme Court in the above named cause. 

Witness Thomas Green, 

Clerk of Supreme Court. 

With tlie seal thereof 

annexed at Austin this 

28 dav of Jany, A. D., 1886. 

THOMAS GREEN, Clerk. S. C. 

By W. L. CHALMERS, Dept. Ct. 

Recorded June 2d, 1883, at 12:30 p. m. 

CERTIFIED COPY OF A POWER OF ATTORNEY OF C. M. DUBUIS TO 
N. A. GALLAGHER. 

Know all men by these presents, that I, Claudius Maria Dubuis, Catholic 
Bishop of Galveston, in the State of Texas, have made, constituted and ap- 
pointed, and by these presents do make, constitute and appoint the Rt. Rev. 
N. A. Gallagher, Bishop of Galveston aforesaid, my true and lawful attorney, 
for me and in ray name, place and stead to demand, sue for, collect, receive, hold, 
manage, control, dispose of, sell, convey, mortgage and generally to administer 
all and singular whatever property, real, personal or mixed, in nossession or 
in action held, owned, possessed by me in the State of Texas, or to which I may in 
any wise be entitled to in said State now or hereafter, whether in my own right 
or as a trustee for the Catholic Church, and in relation to said property, to make 
and complete any adjustment, settlement or disposition which to him shall 
seem best, and any and all instruments to execute and acknowledge for the 
]iurpose aforesaid, and generally any and all acts and things to do and perform 
m relation to said property wliich I could do in person, hereby constitute in him 
my universal agent in rehition to said property and my interest in said State 
of Texas, and giving him imequalified dominion and power over the same and 
every part th^rcnf. and giving and granting unto ut" «nid At+ornev full power 
and authority to do and perform all and every act and thing whatsoever requisite 
and necessary to be done in and about the premises as fully to all intents and 
purposes as I might or could do if personally present, with full power of sub- 
stitution and rcA-ocation, hereby ratifying and confirming all that my said 
Attorney or his substitutes shall lawfully do or cause to be done by virtue 
thereof. 

In Avitness whereof T have herewith set my hand and seal the 22nd day of 
March, in the vear One Thousand. Eiglit Hundred and Eighty-two. 

(Seal) ' ' C. M. DCBriS. 

On this the 25th day of April, 1882. 



REPUBLIC OF FEANCn 

Coniiulate of the LT. S. at Lyons. 

Personally appeared Monsurle Reverend Claudius Maria Dubuis, Catholic 
Bishop of (lalveston, Texas, U. S., known to me to be the person whose name 
ia subscribed to the foregoing instrument, and who acknowledged to me that 
he executed the same for the purposes and consideration therein expressed. 

In witness whereof I have hereunto signed my name and affixed my official 
seal, the dav and above written. 

BEX F. PEIXOTTE, 
(Seal) Consulate of the United States at Lyons, France. 

Filed for Record May 24, 1882, at 12 o'clock m. 
Recorded June 2d, 1883. at 12:30 m. 

STATE OF TEXAS, 
County of Galveston. 

I, P. S. Wren, County Clerk, in and for the said County of Galveston, do 
hereby certify th.at the above and foregoing is a true and correct ccy r.' a 
Power of Attorney, from C. M. Dubuis to N. A. Gallagher, bearing date the 22nd 
dav of March, 1882, as the same appears of record in mv office, in Records of 
Deeds, Etc., Book 42, Pages 111, 112 and 113. 

In testimony whereof, I have hereto set my hand and affixed my official seal, 
at mv office in the Citv of Galveston, on this the 8th dav of March, 1883. 

P. S. WREN, 
Count V Clerk of Galv°ston Coun-v. 
By W. E. Danelly. 

CATHOLIC CHURCH, BY JOHN C. NERAZ, BISHOP AND TRUSTEE, TO 
THE STATE OF TEXAS. 
STATE OF TEXAS, 
County of Travis. 

Know all men by these presents, that the Catholic Church of the Diocese of 
San Antonio, in the State of Texas, acting by and through John C. Nevez, 
Catholic Bishop of said Diocese, its only authorized agent and trustee for the 
jiroperty hereinafter described, for and in consideration of Twenty Thousand 
Dollars, be it in hand paid by John Ireland, Governor of the State of Texas, 
tJie receipt whereof is hereby acknowledged, has granted, bargained, sold, 
released and conveyed, and by these presents does grant, bargain, sell, release 
and convey unto the State of Texas all of that tract or parcel of land situated 
and lying in the City of San Antonio, County of Bexar and State of Texas, nnd 
described by metes and bounds as follows: Beginning from N. W. corner at 
a point 86 'feet 6-^ inches S. 7 10/93 E. from the present S. W. corner of the 
old stone convent Iniilding; thence S. 9h feet west, just grazing the base of 
the columns whicli stand on both sides of the entrance of the church, 72 feet 
2 inches; thence S. 8H E., just grazing the S. edge of the S. W. wall of the 
church, 108 feet llf inches to the west edge of the Alamo Ditch; thence up 
the Alamo Ditch along its W. edge to a point in the east prolongation of S. 
wall of the convent building and convent yard at 116 feet and 30/100 S. 79 1/3 
from the place of beginning, thus closing the survey of the site proper and in- 
cluding within its lines every portion of the Alamo Church proper. 

Whereas, There is reason to believe, and it is generally understood, that this 
grantor is seized and possessed of a surplus strip of ground of some nine feet 
in width adjoining the above described property and lying on its south side and 
constituting a part thereof; and 

Whereas, It is the intention of both parties that the entire Alamo property 
not therefore conveyed shall now be conveyed to the State of Texas : 

Therefore, The said strip of land is hereby conveyed to the State of Texas 
as fully to all intents and purposes as had the same been therein described by 
metes and bounds. 

To have and to hold all and singular the premises above mentioned and 
described unto the said State of Texas and its assigns forever. 

And the snid Catholic Church of the Diocese of San Antonio, acting as afore- 
said, both hereby bind itself, and the said John C. Nerez, Bishop as aforesaid, 



—55— 

doth lieiebj' bind liimself, his heirs, executors and administrators and suc- 
cessors in oilice, to warrant and forever defend the title to all and singular 
the premises aforesaid, save and except the said strip lying on the south side 
of the above described pro])erty, unto the said State of Texas and its assigns 
against every person whomsoever, lawfully claiming or to claim the same or any 
23art thereof save as hereinabove excepted. 

In witness whereof this instrument is signed and executed in the' City of 
Austin and State of Texas, on tliis the 12th dav of Mav. A. D. 1883. 

■ JOHN C. NERAZ, 

Bp. of San Antonio, 

Jno. B. Lul)bock. 

R. J. Kendall. 

STATE OF TEXAS, 
Travis County. 

Before me, Z. T. Fulmore, County Judge of the county aforesaid, this day 
personally appeared John C. Neraz, known to me to be the person wiiose name 
is subscribed to the foregoing instrument of writing, and he acknowledged to 
me that he executed the same for the purposes and considerations tlierein 
expressed. 

Witness mv hand and the official seal of the County Court of Travis Count v. 
at office in Austin, Texas, Mav 12th, 1883. 

Z. T. FULMORE. 
County Judge, Travis Countv, Texas. 
STATE OF TEXAS, 
County of Bexar. 

I, Thad W. Smith, County Clerk of said county, do hereby certify that the 
foregoing instrument of writing, with its certificate of authority, was filed for 
registration in my office on the 16th day of May, A. D. 1883, at 3:30 o'clock 
p. m., in the records of said county, in JBook Volume 31, on pages Nos. 265, 266, 
267. 

In testimony whereof, witness mv hand and official seal, at office this 18th dav 
of October, A. D. 1883. 

THAD W. S?iHTH. 
County Clerk, Bexar Countv, Stnte of Tpxns. 
By Chas. M. Roberts, Deputy. 

Austin. Texas, :\Iay 5, 1883. 
Hon. .Joseph E. Dwycr, San Antonio, Texas. 

Dear Sir: T have your favor of date May 4th, asking when the contemplated 
transfer of the Alamo to the State could be completed. I know of no reason 
why it cannot be done at once. Preliminary to the final consummation it will 
be necessary for you to satisfy me of the perfect title and right of parties pro- 
posing deed the property, to do so. I desire to say that I wish to be furnished 
with a complete and perfect abstract title, connecting the present claimants 
with the sovereignty of the soil together with the written opinion of the Hon. 
Thomas J. Devine as to the right of the parties proposing to sell. 

I am, verv respectfiillv vours, 

JNO. IRELAND, Governor. 

CHAIN OF TITLE. 
The Republic of Texas. 

.1. M. Odin, Bishop of Calveston and his successors. 

2 
Will of Bishop Odin appointing Rev. Father Gandet and Cliambodut as execu- 
tors to hold in trust property for his successor as Bishop .of Galveston. 
3 
Rev. Father Gandet's transfer to Rt. Rev. Bishop Dubuis, succesor to Rt. Rev. 
Bishop Odin. 
4 
Transfer of Rt. Rev. Bishop Dubuis, by his attorney in fact and administrator 
of Galveston, N. A. Gallagher to Rt. Rev. Bishop Neraz. 



—56— 

REV. A. GANDET TO RT. REV. CLAUDUIS MARIA DUBUIS. 

STATE OF TEXAS, 
County of Galveston. 

Know all men by tlifse presents that I, A. Gandet, formerly a priest of the 
Diocese of Galveston, and sole surviving legatee and devisee under the last will 
and testament of the late Right Rev. J. M. Odin, Bishop of Galveston. Texas, 
for and in consideration of one dollar to me paid by the Rt. Rev. Cladius Maria 
Dubuis, the successor in office of the said Right Rev. J. M. Odin, and in con- 
sideration of the purposes and trusts declared in the said Ip.st will and testa- 
ment and in pursuance and performance of the directions therein contained, of 
which sum of money the receipt is hereby acknowledged, have granted, bar- 
gained, sold, released and conveyed, and by these presents do grant, bargain, 
sell, release and convey unto the said Right Rev. Clauduis Maria Dubuis, Bishop 
of Galveston aforesaid, all of the following described premises, viz.: all and 
singular the property and real estate, real, personal or mixed, rights, credits, 
assets and values of whatever nature or character bequeathed or devised to me 
in and by said last will and testament in conjunction with the late Very Right 
Rev. L. C. M. Chambodut (now deceased) or into or about which I am or 
might be in any wise entitled under and by force of said last will and testa- 
ment, together with all and singular the rights, numbers, hereof; statements, ap- 
purtenances, tenements, and improvements imto the same belonging, or in any- 
wise incident or appertaining. 

To "have and to hold all and singular the premises above mentioned unto 
him, the said Right Rev. Clauduis Maria Dubuis, Bishop of Galveston as afore- 
said, and unto his heirs and assigns forever. 

And I hereby bind myself and my heirs, executors and administrators to 
warrant and forever defend all and singular the premises aforesaid unto the 
said Right Rev. Clauduis Maria Dubuis, his heirs or assigns against every 
person whomsoever lawfully claiming, or to claim the same or any part thereof 
by, through or under me. 

In witness of all of which I have hereunto signed my name this 22d day of 
March in the year of our Lord, eighteen hundred and eightv-two. 

(Seal.) A. GANDET, P. M. J. 

Witnesses at request of grantor: 
Rt. Rev. Robbins. 
J. Filtatre, Jr., 0. M. I. 
M. Froc, P. 0. M. I. 

THE DOMINION OF CANADA, 
County of Carleton. 

Before me R. B. Robbins United • States Commercial Agent and ex-officio a 
Notary Public in and for said County and Dominion at Ottawa, on this 10th 
day of April 1882 personally came and a-i^peared A. Gandet to me well known 
to be the person whose name is subscribed to the foregoing instrument and 
acknowledged that he had enacted and delivered the foregoing conveyance as 
his voluntary act and deed, for the purposes and consideration therein ex- 
pressed and as sole surviving legatee and devisee under the last will and testa- 
ment of the Rt. Rev. J. M. Odin Bishop of Galveston Texas. 

Given under niv hand and seal this 10th dav of April 1882. 

■ R. B. ROBBINS, 

( Seal ) U. S. Commercial Agent ex-officio. Notary Public in Ottawa Canada. 

THE STATE OF TEXAS, 
County of Galveston. 

The foregoing annexed Deed was filed for record in this office July 31 A. D. 
1882 at 12 o'clock M. and recorded Aug. 11 A. D. 1882 at 4 o'clock P. M. in 
Book 42 pages 454, 455 & 456. 

In witness whereof, I, P. S. Wren County Clerk of Galveston County hereto 
subscribe mv name and affix the seal of said Court this 11th day of August 
A. D. 1882.' 

P. S. WREN, Clerk. 

(Seal) By A. D. Sims, Deputy. 



— or — 

CERTIFIED COPY OF LAST WILL AND TESTAMENT OF J. M. ODIN 
AND PROBATE THEREOF. 

THE STATE OF TEXAS, '- County Court 

County of Galveston. July Term, 1879. 

An Application being filed in said County Court by L. C. M. Chambodut 
and Claudius Main Dubius for the probate' of the last Will and Testament of 
M. Odin deceased. 

Notice is hereby given to all concerned, to file their objections thereto, if 
any they have, on or before the July Term of said County Court to be begun 
and held at the Court House of said County on the third Monday in July 
A. D. 187!) when said application will be heard by said Court. 

It witness whereof I, C. T. ^NIclNIahan clerk of the County Court of (Jalveston 
County hereto subscribe mv name and affix tlie seal of said Court, this the 
7tli day of July A. D. 1879. 

C. T. McMAHAN, 
Clerk C. C, G. C. 
By W. T. Austin, 

Deputy Clerk. 

Received this Writ on the 7th day of July A. D. 1879, and I executed the 
same on the same day, by causing a copy of this notice to be posted in three 
public places in the County of Galveston, one of which was on the Court 
House door in the City and County of Galveston and no two of which were 
in the City of Galveston. 

C. JORDAN, 
Sherirt" Galveston County. 

No. 1232. In the County Coujt of the State of Texas in and for the County 
of Galveston. 

In the matter of the last will and testament of the Right Reverend J. M. 
Odin, Bishop of Galveston To the Hon. William H. Williams, Judge of the 
County Court of C4alveston County in the State of Texas. 

The petition of Rev. L. C, M. Chambodut and of the Right Reverend Claudius 
Main Dubius both of whom reside in the County of Clalveston in the State 
of Texas, respectfully showeth that heretofore towit on the 20th dav of June 
A. D. 1861, the Right Reverend J. M. Odin who was then the Bishop of Gal- 
veston, ex officio, the trustee and administrator of all property real and per- 
sonal pertaining to the Catholic Church in the State of Texas, made and due 
and legal form, in and by which he devised and bequeathed to the Reverend 
A. Gandet and the said L. C. M. Chambodut all the real and personal estate 
in the State of Texas which the said J. M. Odin should own up to the time 
of his death as trustee or otherwise and provided that the property so devised 
and bequeathed should be held by the said A. Gandet and L. C. 'M. Chambodut 
in trust and should by them be conveyed to the successor of the said J. M. 
Odin in the said office of Bishop as soon as possible after such successor 
should be appointed and should take possession of the Lee of Galveston afore- 
said that thereafter the said J. M. Odin departed this life in the Empire of 
France, towit on the 25th day of ^lay, 1870 being at the time a. resident of 
the State of Louisiana and being the owner in law of a large amount of real 
and personal property in the State of Texas, the principal part of which was 
and is situated in the County of Galveston aforesaid, all of which said prop- 
erty is owned as trustee and administrator as aforesaid of the Catholic Church 
in Texas. That under and by the terms of said will said property is ex- 
pressly withdrawn from the charge and control of the Courts of Probate for 
all purposes except the probate of said will and that there is no necessity 
for any administration upon the estate of the said J. M. Odin except to 
vest the title to said property formally in his successor in said office of 
Bishop. That the said Claudius ]\lain Dubuis has been duly appointed and has 
taken possession of the See of C4alveston as the successor of said J. M. Odin 
in the office of Bishop and as such is entitled to be invested with the legal 
title to the property real and personal, all and singular of the said J. M. 
Odin in the State of Texas, of which he died legal owner whether in trust 
or otherwise, Tliat the said A. C4andet had departed this life and the said 



—58— 

L. C. M. Cliambodut who is the sole survivor of the trustees named in said 
will for the purpose of transmitting the title to said propei'ty to the successor 
of J. M. Odin, joins in tliis petition to the end that the purpose and intent of 
said will may be accomplished. Your petitioners therefore pray that aftei- due 
proceedings had according to the practices of this Hon. Court in matters of 
Probate, said will may be probated and a decree of Court entered vesting in 
said Claudius Main Dubois, Bishop of Galveston as aforesaid the title to all 
the property real and personal in the State of Texas of which the said J. M. 
Odin died the owner in law, in trust or otherwise and for such other orders 
and deci-ees as unto you Honor shall seem meet and right in the premises and 
.as in duty bound your petitioners will ever prav etc. 

C. M. DUBOIS Bp. of Galveston. 

L. C. M. CHAMBODUT V. G. M. 

In the County Court of the State of Texas in and for the County of Gal- 
veston in the matter of the last will of J. M. Odin. 

The supplemental petition of C. M. Dubius and L. C. M. Chambodvit respect- 
fully shows the Court that since the filing of their application for the probate 
of the last will of the Eight Eev. J. M. Odin, they have discovered that the 
Reverend A. Gandet is still living and that the information • to the contrary 
upon which the averment of his death was insisted in the original application 
was incorrect. That discovering their mistake in this gregard they have pro- 
cured from the said A. Gandet his written consent to and joinder in their 
application and file the same herewith and pray as before for the probate 
of said will. 

J. T. H. SCOTT. 
Counsel for C. M. Dubuis and L. C. M. Chambodut. 

This indenture of will made on the 26th day of June A. D. 1800 in the City 
of Galveston, Texas. 

Know all men by these presents that I, J. M. Odin Bishop of Galveston 
considering the dangers of transitory life and being of sound and disposing 
mind and memory, I jvist offer my soul to God and my body to the earth whence 
it came. 

I bequeath to the very Rev. A. Gandet a priest of the Diocise now residing 
in Brownsville and to Very Rev. C. L. M. Chambodut of Galveston all my 
Estate both real and personal namey all the lots and houses I own in the City 
of Galveston and also of Houston, Harrisburg, Nacdoches, Liberty, Brazoria. 
Victoria, Indianola, Corpus Christi, San Patricio, Refugio, Austin, San Antonio, 
Roma, Laredo, Rio Grande City, Eagle Pass, Brownsville, Goliad, Castroville, 
Frederickburg, and New Braunsfels, and the tracts of land I own in Bexar, 
Live Oak, Polk, Bee, San Patricio, and Lavaca Counties and any other landed 
property, I own in the vState of Texas not here enumerated as well as moneys, 
wares, debts, notes, bills lands due or payable to me also my movables and 
house furniture, cattle, plate and such interest as I hold in the Harrisburg 
R. R., Tyler R. R. and the Insurance Company of Galveston or any other prop- 
erty that I may own up to the time of my Demise, as triistee or otherwise. 

Be it knnwn that it is hereby understood and intended that the fore^-'-iT 
devised premises are bequeathed to the Very Rev. A. Grandet and C. L. M. 
Chambodut, to be held by them in trust and to be reconveved by them to my 
successor in office as soon as possible after he will have been appointed and 
taken possession of the See of Galveston. To this my last will and testa- 
ment T nnpoint Very Rev. C. L. M. Chumbodut, Rev. Joseph Amstaett and 
.lame P. Nash to act as my executors and in case they or any of them should 
from sickness, distance of place, or inability of any kind be unable to act as 
my executors I hereby in virtue of this instrument authorize them or any 
one of them to substitute and appoint such person or persons as they or any 
of them may or shall deem fit to act in their place or stead and that their 
acts be as good and valid in law as if my executors herein named performed 
the duty assigned to them as executors. 

And I hereby protest and explicitly forbid that the probate Court or any 
other Court of th? State or comities shall have anything to do with the property 
herein mentioned, with the exception of granting testamentary letters to my 
lawful executors or their substitutes. In witness whereof I hereto proclaim and 



—59— 

ordain in the presence of the undersigned witnessed this to be my last will 
and Testament. 

Given under my hand using a scrawl in the place of a seal the day and date 
above written. 

J. :m. ODTN, 
Bp. of Galveston. 

We hereby certify that we have have heard Reverend J. M. Odin declare the 
above instrument of writing to be his last will and testament and that he 
signed and requested tliat that we sign the same as witnesses. 

JAMES P. NASH 
THOS. HENEETTA 
■NATHAN SMITH. 

Before me James P. Nash a notary public in and for the County of Gal- 
veston appeared R. R. John M. Odin Bishop of Galveston, to me known who 
acknowledged he had signed scaled and delivered the foregoing will and testa- 
ment for the purposes therein set forth. 

In testimony of which I the said notary hereto set my signature this 30th 
dav of June A. D. 1860. 

JAMES P. NASH. 

N. P. C. G. 

I. A. Gandet legatee and devisee of the Right Rev. J. M. Odin under his 
last will and testament a copy of which is set oiit above hereby join in the 
application made by the Rt. Pev. C. M. Dubuis Bishop of Galveston and the 
Rev. L. C. M. Chambodut my co-legatee and devisee under said will to the 
Probate Court of the County of Galveston in the State of Tex is for tbe pro- 
bate of said will as a muniment of title and consent that said court shall make 
a decree vesting the title cast by said will upon me and the said L. C. M. 
Chambodut in the said Rt. Rev. C. M. Dubuis the successor of the Rt. Rev. 
J. M. Odin. 

A. GANDET. 
STATE OF NEW YORK. 
Clindore County. 

On the 6th day of August 1879 before me personally came Reverend A. Gandet 
priest of the 0. M. I. who signed the foregoing certificate and acknowledged 
that he executed the same for the purpose therein mentioned. 

PAUL GUARD, 

(Seal) Notary Public. 

This indenture of will made on the 26th day of June A. D. 1860 in the 
City of Galveston^ Texas. 

Know all men by these presents that I J. INI. Odin Bishop of Galveston 
considering the dangers of this transitory life and being of sound and dis- 
posing mind and memory T first offer my soul to God and my body to the 
earth whence it came. 

I bequeath to the Very Rev. A. Gandet a priet of the Dioces now residing 
in Brownsville and to the Very Rev. C. L. M. Chambodut of Galveston all 
my estate both real and personal namely all the lots and houses I own in the 
City of Galveston and also of Houston, Harrisbiirg. NacTdnches. Lib°rty, 
Brazoria, Victoria. Tndianola, (Corpus Christi, San Patricio, Refugio, Austin, 
San Antonio. Roma, Laredo, Rio Grande City, Eagle Pass, Brownsville. Goliad. 
Castroville, Banderia, Fredericksburg, and New Braunfels, and the tracts of 
land I own in Bexar, Live Oak, Polk, Bee, San Patricio, and Lavaca Counties, 
and any other landed properties I own in the State of Texas not here enumer- 
ated as well as moneys wares, debts, notes, bills, bonds, due or payable to me 
also my movables and house furniture, cattle, plate, and such interest as I 
hold in the Harrisburg R. R., TSier, R. R. and the Insurance Company of 
Galveston or any other property that I may hereafter own up to the time of 
my Demise as trustee or otherwise. 

Be it known that it is hereby understood and intended that the foregoing 
devised premises are bequeathed to the Very Rev. A. Gandet and C. L. M. 



—60— • 

Cliambodiit to be held by them in trust and to be reconveyed by tliem to the 
one who is my successor in office as soon as possible after he will have been 
appointed and taken possession of the See of Galveston. 

To this my last will and testament I appoint Very Rev. C. L. 'SI. Chambodut, 
Rev. Joseph Ausaett and James P. Nash, to act as my executors and in case 
they or any of them should from sickness, distance of place or inability of any 
kind be unable to act as my executors, I hereby in virtue of this instrument 
authorize them or any one of them to substitute and appoint such person or 
persons as they or any of them may or shall deem fit to act in their place or 
stead and that their acts be as good and valid in law as if my executors herein 
named performed the duty assigned to them as executors. 

I hereby protest and explicity forbid that the Probate Court or any other 
Court in the State or Counties shall have anything to do with the property 
herein mentioned with the exception of granting testamentary letters to my 
lawful executors or their substitutes. 

In witness whereof I hereunto proclaim and ordain in the presence of the 
undersigned witnesses this to be my last will and testament. 

Given under my hand using scrawl in place of seal, the day and date above 
written. 

J. M. ODIN. 

Bp. of Galveston. 

We hereby certify that we have heard Rt. Rev. J. M. Odin declare the above 
instrument of writing to be his last will and testament and that he signed 
the same in our presence and requested that we should sign the same as wit- 
nesses. 

JAMES P. NASH. 

THOS HENRIETTA. 

NATHAN SMITH. 

Before me James P. Nash a notary public in and for the County aforesaid 
personally appeared R. R. John M. Odin Bishop of Galveston to me known 
who acknowledged that he had signed, sealed and delivered the foregoing will 
and testament for the purposes therein set forth. 

In testimonv of which I the said notary public hereto set my signature this 

the 30th day of June A. D. 1860. 

■ JA]\IES P. NASH, 

N. P. C. G. 

r 

John Main Guyot and J. M. 0. Menard being called as witnesses to prove 
the alleged last will of the Rt. Rev. J. M. Odin, and being duly sworn and 
examined do severally and respectively say that the instrument here and now 
shown to them as the last will and testament of the said J. M. Odin was 
wholly written by the said J. M. Odin. That tlie said will is wholly in tlie 
hand writing of the said J. M. Odin. That at the date of said will the said 
J. M. Odin was over the age of 21 years and of sound mind. That during the 
time he remained in Texas he resided in the County of Galveston and in said 
County lay the chief part of the property left by him at his death. That he 
died in France in the year 1870 or thereabouts, being at the time a resident of 
the State of Louisiana though temporarily sojourning in France. And that 
Claudius Main Dubuis is the successor of the said J. M. Odin in the office of 
Bishop of Galveston and has taken possession of his See at Galveston. 

J. M. GUYOT. 

J. M. 0. MENARD. 

Subscribed and sworn to before me this 11th day of August, 1870. 

*C. T. McMAHAN, 

C. C. G. C. ■ 
By Wm. T. Austin, 
(Seal) Dept. Clk. 

No. 1232 

In the matter of the estate of J. M. Odin August 1879. 

This day came on to be lieard the application of Claudius M. Dubuis, L. C. M. 



—61— 

Cliambodut nnd A. Gandet praying for the probate of the last will and testa- 
ment of J. M. Odin formerly Bishop of Galveston and now deceased and a 
decree vesting the title to the property atTected by said will in pursuance of 
the terms and purpose thereof and it appearing to the Court that due notice of 
the filing of said application has been given as requiied by law. and that no 
objections thereto have been made or filed: And an instrument of writing pur- 
porting to be the last will of said deceased having tliereupou been jnesented 
and read to the Court there appeared in open Court, John ^l. (iuyot and J. ]M. O. 
Menard witnesses acquainted with the haiuhvriting of deceased who liaving been 
duly sworn u])on their oaths testified that they are acquainted with the hand- 
writing of said J. M. Odin and that the said instrument is wholly written in 
the handwriting of said J. M. Odin and signed by him with his own genuine 
signature and that at the time of making said will J. M. Odin was over the 
age of twenty-one years of age and it appearang to the Court that both of 
said Avitnesses are over the age of fourteen years and that the Court hath 
jurisdiction of the < state of said J. M. Odin for the purpose of probating said 
will and vesting title thereunder: And if further appearing to the Court that 
more than four years have elapsed since the death of said J. M. Odin and 
that there is no necessity for an administration upon his estate nor for grant- 
ing letters testamentary, but that said estate should be vested in the same 
L. C. M. Chambadut and A. Grandet the devices under said will, in trust and 
to be conveyed to the successor of the said John M. Odin in the office of Bishop 
of Galveston after his appointment and when he shall have taken possession 
of the See of Galveston and it appearing also to the Court that the said 
Claudis M. Dubuis has been appointed and is successor of said J. M. Odin 
in the office aforesaid and has taken possession of said See and th" said 
L. C. M. Chambadut and A. Grandet having that said will be probated and 
title to said estate be vested in him as ultimate beneficiary tliereunder: 
It is considered, adjudged and decreed that said application be granted; 
that said will is established and duly proven according to law in that regard; 
that the same be admitted. to probate and together with the ]iroof thereof be 
duly recorded as the last will and testament of the said J. M. Odin deceased 
and that the ownership and title to all the estate both real and personal of 
the said J. M. Odin namely all the lots and houses owned by him in the 
City of Galveston and also of Houston, Harrisburg, Nacagdoches, Liberty. 
Brazoria, Victoria, Tndianola, Corpus Christi, San Patricio, Refugio, Austin, San 
Antonio, Roma, Laredo, Rio Grande City, Eagle Pass, Brownsville, Goliad, 
Castroville. Bandera, Fredericksburg and New Braunfels, and the tracts of 
land owned by the said J. M. Odin in Be.Kar, Live Oak, Bee, San Patricio, 
and Lavaca Counties and other landed property owned by him in the State 
of Texas, not above enumerated; and also all moneys wares, debts, notes, bonds. 
bills, due or payable to said J. M. Odin and also his movable and house fur- 
niture, cattle, plate, and his interest in the Harrisburg R. R., the Tyler R. R., 
and the Insurance Company of Galveston, and all other property owned by the 
said J. M. Odin up to the time of his death whether as trustee or otherwise, 
be such, the same is hereby invested in the said Claudius ^lain Dubuis and 
that no further proceedings in relation to said estate be had in this Court. 

THE STATE OF TEXAS. 
County of Galveston. 

P. S. Wren Clerk of the County Court in and for Galveston County State 
aforesaid do hereby certify that the foregoing twenty-three pages of paper 
writing contains a true and correct copy of all the proceedings had in the 
matter of the estate of J. M. Odin deceased as the same appears of record and 
on file in my office. 

Tn testimony whereof T hereon do sot my hand and the Senl of said Court 
at mv office in tlie Citv of Galveston this 21st dav of Janv. A. D. 1882. 

■ P. S. WREN. 

Clerk Countv Court. Galveston Coun'y. Texas. 



—62— 



ABSTRACT OF TITLE 

To the Property known as the "Alamo" in the City of San Antonio. 



The Acts of the Republic of Texas, 
13th and 18th January, 1841. See 
General Laws. 



Tlie Judgment of the Supreme Court 
of Texas in Case of "The City of 
San Antonio vs. J. M. Odin." See 
Texas Reports, volume 15, page 539. 

The Last Will or Testament of J. M. 
Odin, Bishop of Texas, or Chief 
Pastor of the Roman Catholic 
Church in Texas. See probate rec- 
ords of Galveston county and also 
copy of will. 



The Application of Rt. Rev. Claudius 
M. Dubuis, Bishop of Galveston, and 
Rev. C. L. M. Chambodiet and A. 
Gaudit to the Probate Court of Gal- 
veston County, July Term, 1879. . 



Probate of Last Will of J. M. Odin 
and "Decree of Court. See probate 
records of Galveston county, August 
term, 1879; also copy of the decree. 



Rev. A. Gaudet, Sole Surviving Trus- 
tee Named in Will of Bishop Odin, 
to Bishop C. M. Dubuis. See Gal- 
veston county records, book No. 42, 
pages 454, 455 and 456. 

Claudius M. Bubuis to Rt. Rev. N. A. 
Gallaglier, '"Coadjutor" or Assistant 
Bishop of Galveston. See Galveston 
countv records, book No. 42, pages 
111, 112 and 113. 



N. A. Gallagher, Bishop Administrator 
of Galveston and as Agent and At- 
torney in Fact of Claudius M. 
Dubuis, to J. C. Nerez, as Bishop of 
San Antonio, and His Successor in 
Office. See Bexar eovuity records, 
volume 19, pages 595 to 598. 



Declare "The Alamo" to be the property 
of the Chief Pastor of the Roman 
Catholic Church in the Republic of 
Texas, and his successors in office in 
trust forevec, for religious purposes 
and purposes of education, and none 
other, etc. J. M. Odin was at that 
time Bishop of Texas or Chief Pastor 
of the Roman Catholic Church in 
Texas. 

Adjudged this property to belong to and 
vested it in tlie Catholic Church in 
Texas. 



Appointed Rev. A. Gaudet of Browns- 
ville and Rev. C. L. M. Chambodiet of 
Galveston, trustees to take all prop- 
erty, real or personal, held or owned 
by him in Galveston, San Antonio or 
elsewhere in Texas, whether in his 
own right or as trustee. They to hold 
the same in trust, and to be conveyed 
by them to his successors in his office, 
as soon after he will have been ap- 
pointed in office, and have taken pos- 
session of the "See of Galveston." 

For the probate of last will of J. M. 
Odin, former Bishop of Galveston, and 
for decree of court vesting all prop- 
erty in Texas held by the late Bishop 
Odin in his successor in office (Claud- 
ius M. Dubuis ) . 

Vesting in Claudius ]M. Dubuis, Bishop 
of Galveston and successor in office of 
J. yi. Odin, all the property of the 
deceased bishop held by him in Texas, 
whether held by the testator in trust 
or otherwise. 

Transfers all rights vested in liim to any 
property by last will of Bishop Odin. 
Transfer dated March 22, 1882, and 
recorded July 31. 1882. 



Power of attorney authorizing him to 
convey to Rt. Rev. J. C. Nerez, Bishop 
of San Antonio, all church property 
held l)y liim in trust in the Diocese 
of San Antonio. Power of attorney 
dated March 2, 1882. 

Transfers all the property belonging to 
the Catholic Church held by Bishop 
Dubuis in the Diocese of San Antonio. 
Deed dated August 3, 1882. Deed re- 
corded October 5, 1882. 



—63— 

Bishop Dubiiis was consecrated at Lyons, France, by Bishop Odin, May 23, 
1862, Bishop Dubuis being at that time*^ Arch Bishop of New Orleans.' 

San Antonio was created a Bishopric in 1874; lilcewise Brownsville, Texas. 

Bishop Pillcer was consecrated Bishop of San Antonio in 

and died in April A. D. 1881. 

Bishop Nerez was consecrated May Stli 1881. 

Bishop Gallagher was appointed Coadjutor to Bishop Dubuis in Galveston 
April 30th 1882. 

The Records of the Catholic Church of Galveston and San Antonio contain 
evidence of the appointment and consecration of the Bishops above referred to 

Sun Antonio, Texas, May 10th, 1883. 

THOS. J. DEVINE. 



-G4.- 



EXHIBIT "C." 



Showing Options, Deeds and Releases to the Property referred to 

in Exhibit "B," together with Resolutions of the Daughters 

of the Republic; Opinion of the Attorney General. 



These papers show that the State required the cancellation of 'the 
stipulation to make a pai-k out of the property before it would purchase 
it, and that the Daughters of the Eepublic by resolutions adopted at 
La Grange completely agreed tc this course.. 

(Copy) 
LETTERS FROM ATTORNEY GENERAL TO S. W. T. LANHAM. 

Austin, August 3L 1905. 
Hon. S. W. T. Lanhani, Governor of Texas, Austin, Texas. 

Dear Sir: The Twenty-ninth Legislature enacted a law, which was approved 
by yourself January 22, 1905, authorizing the Governor of Texas to purchase, 
at a price not to exceed $65,000, and to procure to be executed to the State of 
Texas by the owners of the property a good and sufficient conveyance in fee of 
all the land in the city of San Antonio, Texas, known as the Hugo & Schnieltzer 
Company property, formerlj' a part of the old Alamo Mission, and adjoining the 
Alamo Church property now owned by the State, and described in said act as 
follows: 

Beginning at a stake set in the west bank of the Alamo Ditch, being the south- 
east corner of this tract, and the northeast corner of the tract heretofore sold 
to the State of Texas, and known as the Alamo ; thence north 79J degrees west 
200 feet and 2| inches; thence north 11 degrees 33 minutes east 11)1.52 feet; 
tht'nce south 79.1 degrees east 272.22 feet; thence with the meanders of said diteli 
to tlie place of beginning; and bounded on the north by Houston street, and on 
the east by the Alamo Ditch, and on the south by the Alamo and the Alamo 
Plaza, and on the west by the Alamo Plaza. 

The second section of said act makes an appropriation of money — $65,000 — to 
j)a,y for said property and a part of said Section 2 is as follows : 

"But no part of said money shall be paid until a good title is shown in the 
grantor and a valid conveyance of said land has been made to the State to the 
satisfaction of the Attorney General of the State." 

I beg leave to advise you that, after careful examination, I found the title to 
said land in Miss Clara DriscoU, the proposed grantor, subject to certain objec- 
tions wliich were enumerated in my report to Miss DriscoU. She has now com- 
plied with all of tlie requirements made in that report and my opinion is that 
•she now has a good title to said land and can convey the same to the State, in 
fee simple. 

I further advise that Miss DriscoU has executed a valid conveyance of said 
land to the State to the satisfaction of myself as Attorney General of the State, 
and. therefore, I report that she has complied with the said act and is enitled 
to receive the purchase money for said property from the State according to the 
terms of said act, viz., twenty-five thousand dollars thereof to be paid during the 
fiscal year ending August 3L 1905. and forty thousand dollars- thereof during the 
jiscal year ending August 31, 1906. 

I hand you the conveyance executed by Miss DriscoU, and also the abstracts 
-of title upon which this examination was made and also all other deeds and 
papers pertaining to the .title whicli have been delivered to the State. 

Yours truly, 

R. V. DAVIDSON, 

Attorney General. 



—65— 

Austin, October 3, 1905. 
Hon. S. W. T. Lanhani, Governor, Capitol. 

Dear Sir: I beg to hand you herewith an instrument for execution by yourself, 
delivering to the custody and care of the Daughters of the Republic of Texas the 
Alamo property recently purchased by you from Miss Clara DriscoU and the 
Alamo church property previously acquired by the State pursuant to the pro- 
visions of Cliapter 7 of the General Laws passed at the regular session of the 
Twenty-ninth Legislature. 

1 enclose also a carbon copy of the instrument in case you should desire to 
file a copy of same among the title papers relating to this property. 

I enclose my report to you in this letter of date August 31, 1905, the abstract 
of title to the property made by the Texas Title Company, and the following title 
deeds : 

1. Supplemental abstract made by the Bexar Abstract Company. 

2. Opinion on title to Alamo property of Waelder & LTpson, dated February 2, 
1886. 

3. Deed from W. H. Maverick to Honore Grenet. 

.4. Deed from Anthony Dominic Pellicer, Bishop of San Antonio, to Honore 
Grenet. 

5. Certified copy of deed from George H. Kalteyer, administrator of the estate 
of Honore Grenet, to Hugo & Schmeltzer. 

6. Release from J. C. Xeraz, Bishop of San Antonio, to George H. Kalteyer, 
administrator, for the use and benefit of Hugo & Schmeltzer. 

7. Deed from William Heuermann et al. to Hugo & Schmeltzer Company. 

8. Release from Charles Hugo et al. to The Hugo & Schmeltzer Company. 

9. Deed from Hugo & Schmeltzer to Reagan Houston. 

10. Transfer from Reagan Houston to Albert Maverick and retransfer from 
JNIaverick to Houston ( not recorded ) . 

11. Deed from Reagan Houston to Hugo & Schmeltzer. 

12. Release from Rosskam, Gerstley & Co. to Hugo & Schmeltzer. 

13. Power of attorney from John M. Odin, Bishop of Galveston, to B. Cal- 
laghan, dated December 4, 1849 (not recorded). 

14. Power of attorney fi'om John M. Odin, Bishop of Galveston, to B. CaJ- 
laghan, dated March 18, 1850 (not recorded). 

15. Field notes of a survey made for Hugo & Schmeltzer of this property, 
January 22, 1886. 

16. Deed from Hugo & Schmeltzer to Clara Driscoll. 

17. Deed from Chas. Hugo to Clara Driscoll. 

18. Deed of confirmation from Chas. Hugo to Clara Driscoll. 

19. Release from Chas. Hugo to Clara Driscoll of vendor's lien. 

20. Five vendor's lien notes given by Clara Driscoll to Chas. Hugo in part 
payment of the purchase money all marked "paid." 

21. Quitclaim deed from J. A. Forrest, Bishop of San Antonio, to Clara 
Driscoll. 

22. Quitclaim deed from the city of San Antonio to Clara Driscoll. 

23. Certified copy of ordinance authorizing the execution of the quitclaim deed 
from the city of San Antonio to Clara Driscoll (not recorded). 

24. Release from George Heuermann et al. to Clara Driscoll. 

25. Release from the Daughters of the Republic of Texas to the State of 
Texas, dated March 23, 1905. 

26. Release from the Daughters of the Republic of Texas to the State of 
Texas, dated August 3, 1905. 

27. Agreement as to location of old Alamo Ditch executed by the executors 
of the estate of Eliza Gallagher, deceased, and Clara Driscoll. 

28. ]\Iap and field notes of a survey of this property, dated July 20, 1905, 
made by John D. Rulhnan. city engineer of San Antonio. 

29. Deed from Clara Driscoll to the State of Texas. 

30. Affidavit of G. Schmeltzer as to occupancy of part of this property. 

31. Similar affidavit of W. H. Maverick. 

32. Receipt of C. Villemain, city tax collector of San Antonio, for .$1158.40, 
the estimated taxes upon the property for the current year 1905-06. and tax re- 
ceipt for taxes for the fiscal year 1904, on said property. 

33. Receipt of Paul Meerscheidt, tax collector of Bexar county, to be applied 
to the payment of State and county taxes for 1905 as soon as the tax rolls are 



—66— 

turned over to the collector, to which is attached the collector's certificate that 
the records of his office do not show any other taxes due on the property. 

34. Uncertified copy of petition in suit of Pilar Garcia de Sabriego et al. vs. 
Mary A. Maverick et al., No. 53, in Circuit Court of the United States for the 
Western District of Texas at San Antonio, and certified copy of the judgment in 
said cause. (Neither of them recorded.) 

35. Letter from Thomas G. Johnston to Major General Merritt, dated Sep- 
tember 21, 1865; letter from James Belyn to Mr. Callaghan, dated February 3, 
1854, and approved vouchers for rent of Alamo building for November 16th to 
November 30, 1865. 

All of the papers except the tax statements and tax receipts have been duly 
recorded in the deed records of Bexar county, except where otherwise stated. 

Yours truly, 

R. V. DAVIDSON. 

Attorney General. 

DEED OF W. H. MAVERICK TO HONORE GRENET. 

THE STATE OF TEXAS, 
County of Bexar. 

Know all men by these present, that I, W. H. Maverick, in consideration of 
the sum of twenty-seven hundred and fifty ($2750.00/100) dollars, to me paid 
by Honore Grenet of the County of Bexar, State of Texas, the receipt of which 
is hereby acknawledged, have granted, bargained, sold and conveyed, and by 
these presents do grant, bargain, sell, convey and deliver unto the said Honore 
Grenet, his heirs, and assigns, the following described property, situated in the 
State of Texas, County of Bexar, and City of San Antonio, that portion of 
Alamo block, described as follows: 

Commencing for the northwest corner at a point on the south line Houston 
St. fifty-three varas (147 22/100 feet) S. 78f E. from the N. W. cor. of said 
Alamo block—the S. E. intersection of Alamo Plaza with Houston St. Thence 
S. 11 degrees W. 30 1/2 varas (84 27/100 ft.) for S. W. cor.; Thence S. 78f 
E. 26* varas (73i ft.) to Alamo ditch, for S. E. cor.; Thence up said ditch 
to Houston St. for N. E. cor.; Thence N. 78§ W. 45 varas (125 fet) along 
Houston St. to beginning. 

For title, see deed Mariano Romano to S. A. Maverick July 27th 1841, 
recorded in Bexar Co. Book A No. 2 Pg. 470. And deed S. A. Maverick by 
Executrix to W. H. Maverick May 31st 1872, recorded in Bexar Co. in Book 
W. No. 2, Pg. 336. The said deeds are hereby made part of this instrument. 

To have and to hold, all and singular the premises above mentioned, with 
the right's, members, hereditaments and appurtenances to the same belonging, 
or in anywise incident or appertaining unto the said Honore Grenet, his heirs 
and asigns forever. 

And I do hereby bind myself, my heirs and legal representatives, to warrant 
and forever defend all and singular the said premises, unto the said Honore 
Grenet his heirs and assigns, against all persons lawfully claiming, or to claim 
the same or any part thereof. 

Witness my hand, at San Antonio, Texas, this 25th day of January, 1878. 

W. H. MAVERICK. 

In presence of 
E. H. Terrell 
Wm. H. Young. 

STATE OF TEXAS, 
County of Bexar. 

Before me Wm. H. Young a Notary Public in and for said County, personally 
appeared W. H. Maverick to me well known, who acknowledged that he signed 
and delivered the instrument of writing on the reverse hereof, and he declared 
the same to be his act and deed for the purposes and considerations therein 
stated. 

To certify which, I hereunto sign my name and affix my official seal, at office 
in San Antonio, this the 25th dav of Januarv, A. D. 1878. 

WM. H. YOUNG, 

(No. 220) Notary Public of Bexar County, Texas. 



—67— 

THE STATE OF TEXAS, 
County of Bexar. 

I, Sam S. Smith, Clerk of the County Court of said County, do hereby cer- 
tify that the above instrument of writing, with its certificates of authentica- 
tion, was filed for record in my office, the 26tli day of January A. D. 1878, at 
10:45 o'clock A. M., and duly recorded the 26th daV of January A. D. 1878, at 
4f o'clock P. M. in the records of said Countv, in Vol. Xo. 5 on pages No. 
538 & 539. 

Witness my hand and seal of said County Court, at office in San Antonio tlie, 
dav and vear last above written. 

SAM S. SMITH. 
Clerk C. C. Bexar County. 
By Thad W. Smith, 
Deputy. 

CERTIFIED COPY OF DEED OF CEO. H. KALTEYER, ADMR. ESTATE 
HONORE GRENET TO HUGO SCHMELTZER. 

THE STATE OF TEXAS, 
County of Bexar. 

Know all men by these presents that whereas on the 13th day of February 
1885, Geo. H. Kalteyer Administrator of the Estate of Honore Grenet, de- 
ceased, filed his application in the County Court of Bexar County for an order 
of sale of the property hereinafter described. And whereas on the 18th day 
of Alarch, 1885 and on July 28th and July 29th 1885, the County Court, by 
decrees duly recorded in the Probate Minutes of said Court, ordered the sale of 
said property, see records of Bexar County Journal K. page 115 and 324 of 
the said Probate Minutes. And whereas in conformity with said decrees of 
said Court, the Administrator of the estate of Honore Grenet, deceased, ad- 
vertised the sale of said property for the time and in the manner prescribed 
by law and directed by said Court, .and thereupon the first day of December 
sold said property at public outcry before the Courthouse door of Bexar County 
to Hugo and Schnieltzer for the sum of twenty-eight thousand dollars cash, 
that being the highest and best bid therefor. And whereas on the 29th day of 
December 1885 the said Administrator filed his report of the sale aforesaid in 
the County Court of Bexar Covmty and thereupon the same coming up for 
hearing the said County Court made and caused to be entered in its Minutes 
the following order and decree: 

X"o. 1269, Estate of H. Grenet, deceased, Tuesday January 19th 1880. In 
this cause came on to be heard the report of Sales by the Administrator Geo. 
H. Kalteyer, filed December 29th 1885, and it appearing to the Court that 
there was a Valid and subsisting lien upon the property on Alamo Plaza and 
Houston Street purchased at the reported Sale by Hugo and Schmeltzer through 
H. L. Degener, their agent in favor of Bishop J. Narez and that the sale of said 
property was made for the satisfaction of said lien upon said property and that 
the sale of the same was made for a fair price. And it further appearing to the 
Court that the property sold to George J. F. Schmitt at private sale, and to 
Dr. F. Herff and Fred Cocke at private sale was all sold for a fair price. And 
it appearing to the Court that it Avas to the interest of said Estate, that all 
said sales were made as ordered by the Court and as now reported by the 
Administrator it is ordered and decreed by the Court that said report of sales 
be in all things confirmed that the sales be approved; and that the said Admin- 
istrator be ordered to make good and proper deeds of conveyance to the pur- 
chasers upon their complying with the terms of the sale and that the said re- 
port of sale be ordered of Record. Now therefore, I. George H. Kalteyer, Ad- 
ministrator of the Estate of Honore Grenet. deceased, for and in consideration 
of the premises and the consideration of twenty-eight thousand dollars to me in 
hand paid by Hugo and Schmeltzer a firm composed of Chas. Hugo, Gustav 
Schmeltzer and William Heuermann all of the County of Bexar and State of 
Texas, the receipt whereof is hereby acknowledged before the signing and de- 
livery of these presents have bargained, sold and conveyed, and by these presents 
do bargain, sell and convey and deliver unto the said Hugo and Schmeltzer, 
their heirs and assigns all and singular the following described tract or parcel 



—68— 

of land lying and being in the County of Bexar and in the State of Texas, and 
in the City of San Antonio, bounded on the North by Houston Street, East by 
the Alamo Ditch, South by a tract of land heretofore sold to the State of Texas, 
and known as the "Alamo and Alamo Plaza," and West by said Alamo Plaza, 
and being the same property conveyed to Honore Grenet, now deceased by 
Anthony Dominic Pellicer and W. H. Maverick by two several deeds recorded 
in the Records of Bexar County in Vol. No. 7 page 373, and Vol. No. 5 pages 538 
and 539, to which reference is hereby made. 
, The tract or parcel of land herein conveyed is more particularly described 
as follows: Beginning at a stake set on the West bank of Alamo Ditch being 
the South East Corner of this tract and the North East corner of the tract 
heretofore sold to the State of Texas, as aforesaid. Thence North 79J degrees 
West 200 ft. 2-2/5 inches. Thence North 11 degrees 33' East 191 52/100 feet. 
Thence South 79-1/10 degrees East 272-22/100 feet. Thence with the meanders 
of said Ditch to the place of beginning. Together with all and singular the 
rights, members, hereditaments and appurtenances to the same belonging or in 
anywise incident, or appertaining. To have and to hold the property above 
described unto the said Hugo and Schmeltzer, their heirs and assigns forever. 
Witness my hand at San Antonio this Twenty-third day of January A. D. 1886. 
In presence of 

GEO. H. KALTEYER, 
Adm'r with the Will annexed. Est. of H. Grenet, Deceased. 

THE STATE OF TEXAS, 
County of Bexar. 

Before me, the undersigned authority personally appeared Geo. H. Kalteyer, 
Administrator of the Estate of Honore Grenet, deceased, Icnown to me to be 
the person whose name is subscribed to the foregoing instrument and ac- 
knowledged to me that he had executed the same for the purposes and con- 
sideration therein expressed. 

Given under my hand and seal of office this 28th day of Januarv A. D. 1886. 

J. H. FRENCH, 

(Seal) Notary Public. Bexar Co., Tex. 

THE STATE OF TEXAS, 
Bexar County. 

I, Thad W. Smith, County Clerk of said County do hereby certify that the 
foregoing instrument of writing, with its certificates of authentication, was 
filed for registration in my office on the 1st day of February, A. D. 1886, at 
12 o'clock M, and duly recorded on the 5th day of February A. D. 1886 at 
3 o'clock P. M. in the Records of said County in Book Volume 48, on pages 
Nos. 50, 51, 52. In testimony whereof witness my hand and official seal at 
office this 5th day of Februarv 1886. 

THAD W. SMITH, 
Co. Clk. Bex. Co. State of Texas. 
By John Stappenbeck, 

Deputy. 
THE STATE OF TEXAS, 
County of Bexar. 

I, Thad. W. Smith County Clerk of said County do hereby certify that the 
above and foregoing contains a true and correct copy of the Original Deed 
from Geo. H. Kalteyer Admr. of Est. of H. Grenet, deceased to Hugo and 
Schmeltzer as the same appears of record in my office in Book Volume 48 on 
pages 50, 51 and 52. 

Witness my official signature and Seal affixed at office in San Antonio, this 
31st day of December A. D. 1892. 

THAD W. SMITH, 
Co. Clk. Bex. Co. State of Texas. 
By John Stappenbeck, Dep. 



—69— 

DEED OF ANTHONY DOMINIC PELLICER TO HONORE GRENET. 

THE STATE OF TEXAS, 
County of Bexar. 

Know all men by the^^e presents, that I, Anthony Dominic Pellicer as Bishop 
of the Roman Catholic Diocese of San Antonio, Texas, for and in consicloration 
of Twenty Thousand gold coin dollars to me in hand paid by Honore Grenet, 
of the same place, the receipt whereof is hereby acknowhdged before the sign- 
ing, sealing and delivering of these presents, have granted bargained sold re- 
leased and conveyed and by these presents do grant bargain sell release and 
convey unto the said Honore Grenet, his heirs and assigns all that lot or parcel 
of land lying and being in the County of Bexar, State of Texxas, City of San 
Antonio and described as follows commencing at the South West corner of the 
old Convent building thence running N. Hi E. along the outer face of the West 
Wall of the said convent building one hundred and ninety one feet to the 
North West corner of said convent building: thence along the South boundary 
line of Houston Street S. 78| E. one-hundred and forty-seven 22/100 feet to a 
point in a line with the East wall of the old convent yard: Thence running in 
a line with said old wall and towards it S. 11 degrees W. eighty-four 72/100 
feet to the North East corner of the old convent yard: Thence S. 78 J East 
seventy -three feet to a stake on the West bank of the Alamo Ditch : Tlience 
down along the bank of said ditch to point in a line with the South wall of 
the old convent building and yard for the South East corner of this lot: Thence 
N. 78f degrees West running in a line with the South wall of said convent 
yard and building about one-hundred and ninety-eight to the place of beginning. 
Together with all and singular the rights, members here detaments and appur- 
tenances to the same belonging, or in any wise incident or appertaining to 
have and to hold all and singular the premises above mentioned unto the said 
Honore Grenet his heirs and assigns forever. An I hereby bind myself and 
successors in office to warrant and forever defend all and singular the said 
premises imto the said Honore Grenet heirs and assigns against every person 
whomsoever, lawfully claiming or to claim the same or any part thereof. In 
testimony where I have hereunto subscribed my name in San Antonio this 
30th. dav of Nov. A. D. 1877 and puting seal attest. 

ANTHONY DOMINIC PELLICER, 

J. Wallthall Bishop of San Antonio. 

Courad Roth 

THE STATE OF TEXAS, • 

County of Bexar. 

Before me George R. Dashiell, clerk of the District Court of said Coiyity, 
personally appeared John Walthall to me well known, who, after being by 
me duly sworn, on oath says, that in his presence, Anthony Dominic Pellieer 
declared that he, as the Bishop of San Antonio, had executed the same for 
the purposes and consideration therein stated, and affiant further says that 
he and Courad Roth signed the same as witnesses at the request of the said 
Anthony Dominic Pellieer. 

In testimony whereof I hereunto sign my name and afl&x the seal of the 
said Court at Office at San Antonio the 1st dav of December A. D. 1877. 

GEO. R. DASHIELL. 
THE STATE OF TEXAS, Clk. D. C. B. Co. 

County of Bexar. 

I, Sam S. Smith County Clerk of Bexar County, do hereby certify that the 
above and foregoing instrument of writing hereto annexed with its certificates 
of Authentication was filed for registration in my office the 1st day of Decem- 
ber A. D. 1877, at 3^ o'clock P. M. and duly recorded the 6th day of December 
A. D. 1877, at 11 o'clock A. M. in the records of said County in Vol. No. 7, 
on page No. 373. Witness my hand and the Seal of the County Court of said 
County at office in San Antonio, the dav and year last above written. 

SAM S. SISIITH. 

Co. Clk. Bexar Co. 
By Thad W. Smith. 

Deputy. 



—70— 

J. C. NERAZ, BISHOP OF SAN ANTONIO, RELEASE TO GEO. H. IvALTEYER, 

ADMINISTRATOR, FOR USE AND BENEFITS OF 

HUGO & SCHMELTZER. 

THE STATE OF TEXAS, 
County of Bexar. 

Whereas on November 30th 1877 Honore Grenet now deceased made executed 
and delivered to Anthony Dominic Pellicer his certain promissory notes for 
Nineteen thousand dollars in the aggregate, the said Pellicer being then Bishop 
of San Antonio — and whereas, to secure the payment of the aforesaid notes on 
the day aforesaid the said Grenet made and executed to J. C. Neraz two certain 
deed of Trust upon the property described as follows to wit: — 

The lots or parcels of land lying and being in the City of San Antonio, in 
Bexar Coimty and State of Texas, bounded North by Houston Street, West by 
Alamo Plaza, South by Alamo Plaza and the Alamo Building recently sold to 
the State of Texas, and East by the Alamo Ditch; See records of Bexar County, 
Vol. No. 7 pages, 373, 374 and 375. 

And whereas, the said Honore Grenet departed this life on February 22nd 
1882, and Geo. H. Kalteyer was duly appointed and, now the administrator of 
the said Grenets' Estate — and whereas the said Geo. H. Kalteyer has, as ad- 
ministrator as aforesaid sold unto Hugo & Schmeltzer the premises above de- 
scribed and out of the proceeds of said sale, has fully paid off and discharged 
the promisory notes above mentioned in and whereas said Anthony Dominic 
Pellicer has died and J. C. Neraz has been appointed and is now Bishop of San 
Antonio and successor to the said Pellicer as such — 

Now therefore I, J. C. Neraz, Bishop of San Antonio for and in consideration 
of the premises and payment in full of the notes as aforesaid, have released and 
relinquished and reconvey unto the said Geo. H. Kalteyer administrator of the 
Estate of Honore Grenet deceased all my rights, title claim, interest and de- 
mand, I had and hold to the property above described, by virtue of the deed of 
Trust and notes aforesaid, for the use benefits of Hugo & Schmeltzer pur- 
chasers of said property as above set forth. 

Witness mv hand at San Antonio this 30th day of January A. D. 1886. 

JOHN C. NERAZ, 

City of San Antonio. 
THE STATE OF TEXAS, 
County of Bexar. 

Before me, Thad W. Smith, County Clerk for and within State and County 
on this day personally appeared John C. Neraz, City of San Antonio. Known 
to me to be the person whose name is subscribed to the foregoing instru- 
ment, and acknowledged to me that to executed the same for the purpose and 
consideration therein expressed. 

Given under mv hand and seal of office this 30th. dav of .Januarv lS8ti. 

THAD W. SMITH, 
County Clerk, Bexar County, Texas. 
THE STATE OF TEXAS, 
Bexar County. 

Thad W. Smith, County Clerk of said County, do hereby certify that the 
foregoing instrument of writing with its certificate of authentication was filed 
for registration in my office on the 1st day of February A. D. 1886 at 12 
o'clock A. jNI. and dvily recorded on the 5th day of February A. D. 1886 at 

9f o'clock A. M. in the Records of of County, in Book volume 46 

on pages Nos. 568, 569 and 570. 

In testimony whereof, witness my hand and official seal, at office, this 5th 
day of February 1886. 

THAD W. SMITH, 
By John Stappenbeck, Deputy. 



— 71— 

(Copy) 

WARRANTY ])EEU \^qTK VENDOR'S LIEN OF WILLIAM HEUER]\IANN, 

GUSTAVESCHMETZER AND CHAS. HUGO TO THE 

HUGO & SCHMELTZER CO. 

THE STATE OF TEXAS, 
County of Bexar. 

Know all men by these presents: That we, William Heuermann, Gustave 
Schmeltzer and C has. Hugo of the County of Be.\ar and State aforesaid for 
and in consideration of the sum of Seventy five thousand ($75,000.00) Dollars 
secured to be paid by The Hugo & Schmeltzer Company, a corporation existing 
under and by virtue of the State of Texas, as evidenced by the three promis- 
sory notes of the said Hugo & Schmeltzer Co., payable to the order of the said 
William Heuermann, Gustave Schmeltzer and Chas. Hugo in San Antonio, Bexar 
County, Texas, dated the 12tli day of May, A. D. 1900 for the sum of Twenty 
five thousand ($25,000.00) Dollars each, due on or before five (5) years after 
date and bearing interest from date until paid at the rate of 4 per cent per 
annum, and an attorney's fee of ten per cent should judicial proceedings be 
used in collecting one each of said promissory notes being payable to each of 
ther respective vendors individually, to secure which notes, principal, and inter- 
est, a Vendors Lien is hereby retained on the premises hereinafter conveyd, 

Have granted, sold and conveyed, and by these presents do grant, sell and con- 
vey unto the said Hugo & Schmeltzer Company, a corporation of the County 
of Bexar, and State of Texas all that certain tract, parcel or piece, of land 
lying and being situated in the State of Texas, County of Bexar, and within the 
corporate limits of the City of San Antonio, on the east side of Alamo Plaza, 
and being the same property conveyed to these Vendors by the executor of 
the estate of H. Grenet, deceased, and bounded on the South by the "Alamo" and 
Alamo Plaza; on the East by the property of Mrs. Eliza Gallagher; on the 
North by E. Houston Street, and on the West by Alamo Plaza. 

To have and to hold the above described premises, together with all and 
singular, the rights, and appurtenances thereto in anywise belonging unto the 
said Hugo & Schmeltzer Company, its successors and assigns forever, and we 
do hereby bind ourselves, our heirs, executors and administrators to warrant and 
forever defend, all and singular, the said premises unto the said Hugo & Schmeltzer 
Company, its successors, heirs and assigns against every person whomsoever 
lawfully claiming or to claim the same or any part thereof. But it is ex- 
pressly agreed and stipulated that the Vendors Lien is retained against the 
above described property, premises and improvements until the above described 
notes and all interest thereon, are fully paid, according to their face and tenor, 
effect and reading when this deed shall become absolute. 

Witness our hands at San Antonio this 12th day of Mav, A. D. 1900. 

W." HEUERMANN. • 
G. SCHMELTZER. 
CHAS. HUGO. 
THE STATE OF TEXAS, 
County of Bexar. 

Before me, Louis Heuermann, a Notary Public in and for Bexar County, 
Texas on this day personally appeared Wm. Heuermann, G. Schmelter and Chas. 
Hugo, known to me to be the persons whose names are subscribed to the fore- 
going instrument, and acknowledged to me that they executed the same for 
the purposes and considerations therein expressed. 

Given under mv hand and seal of office this 12th dav of l\Iav. A. D. 1900. 

LOUIS HEUERMANN, 
Notary Public, Bexar Co., Tex. 
THE STATE OF TEXAS, 
County of Bexar. 

I, Frank R. Newton, Clerk of the Count}' Court of said County do hereby 
certify that the above instrument of writing dated on the 12th day of May, 
1900 with its certificate of authentication, was filed for record in mv office 
the lOtli day of February A. D. 1904 at 3:10 o'clock P. M., and duly riecorded 



72 

he 16th day of February A. D. 1904, at 1:30 o'clock P. M., in the records of 
said County, in Volume 223 on page 259. 

Witness my hand and the Seal of the County Court of said County at office 
n San Antonio, Texas the day and year last above written. 

FRANK R. NEWTON. 

Clerk C. C. Bexar County. 
By August E. Huppertz. 

Deputy. 
(Copy) 

RELEASE OF VENDOR'S LIEN CHAS. HUGO. GUSTAV SCHMELTZER AND 

ESTATE OF WM. HEUERMANN,. DECD., TO THE 

HX^GO & SCHMELTZER CO. 

rHE STATE. OF TEXAS, 
County of Bexar. 

Whereas, on the 12th day of May, 1900, William Heuermann, Gustav Schmeltzer 
md Chas. Hugo did execute and deliver to the Hugo & Schmeltzer Company, a 
corporation existing under and by virtue of the laws of the State of Texas, a 
certain deed of conveyance wherein the parties first named did convey to the 
party last named, the following tract or parcel of land, to-wit: 

All that certain tract or parcel or piece of land lying and being situated in 
bhe State of Texas, County of Bexar and within the corporate limits of the City 
af San Antonio, on the East Side of Alamo Plaza, and being the same property 
conveyed to Hugo & Schmeltzer by the Executor of the Estate of H. Grenet, 
deceased, and bounded on the South by "The Alamo" and Alamo Plaza; on the 
East by property of Mrs. Eliza Gallagher; on the North by East Houston street 
and on the West by Alamo Plaza; and 

Whereas, as a part consideration for said land, the said Hugo & Schmeltzer 
Company did execute and deliver to the said William Heuermann, Gustav 
Schmeltzer and Chas. Hugo, three certain promissory notes, each for the sum of 
Twenty Five Thousand ($25,000.00) Dollars, bearing date with said deed, and 
payable to the order of William Heuermann, Gustav Schmeltzer and Chas. Hugo 
on or before five years after the date thereof, and a Vendor's Lien was expressly 
retained in such deed to secure the payment of said promissory notes; 

And whereas, said promissory notes have been fully paid ofif and discharged, 
both principal and interest, and at the time of their payment, said notes were 
the property of the undersigned; 

Now, therefore, know all men by these presents, that we, Mrs. Lina Heuermann 
and George Heuermann, Independent Executors of the Estate of William Heuer- 
mann, deceased, Chas. Hugo and Gustav Schmeltzer, of the County of Bexar and 
State of Texas, for and in consideration of the premises and the full and final 
payment of said notes, have remised, released, quit-claimed, discharged and 
acquitted, and by these presents do remise, ' release, quit-claim, discharge and 
acquit unto the said Hugo & Schmeltzer Company, their successors and assigns, 
the Vendor's Lien heretofore existing upon the land and premises aforesaid. 

Witness our hands this 28th day of September A. D. 1903. 

LINA HEUERMANN, 
GEO. HEUERMANN, 
Independent Executors of the Estate of William Heuermann, Deceased. 

CHAS. HUGO. 
G. SCHMELTZER. 
THE STATE OF TEXAS. 
County of Bexar. 

Before me, W. A. Wurzbaeh, a Notary Public in and for Bexar County, Texas, 
on this day personally appeared Mrs. Lina Heuermann and George Heuermann, 
Independent Executors of the Estate of William Heuermann, deceased, Charles 
Hugo and Gustav Schmeltzer, known to me to be the persons whose names are 
subscribed to the foregoing instrument and acknowledged to me that they exe- 
cuted the same for the purposes and consideration therein expressed, and in the 
capacities therein set forth. 

Given under my hand and seal of office this 28th day of September, A. D., 1903. 

W. A. WURZBACH. 
Notary Public, Bexar Co., Texas. 



THE STATE OF TEXAS, 
County of Bexar. 

T, Frank R. Newton, Covmty Clerk of said County, do hereby certify that the 
foregoing instrument of writing witli its certificate of authentication was filed 
for record in my otlico on the 10th day of February A. D. 1904, at 3:10 o'clock 
p. m. and duly recorded on the 16th day of February A. D. 1904, at 9:35 o'clock, 
a. m. in the records of said County, in book volume 221, on page 162. 

In testimony whereof, witness mv hand and official seal, at office, this 16th 
day of February A. D. 1904. 

• FRANK R. NEWTON, 

County Clerk, Bexar Co. Tex. 
By M. F. Campbell, Deputy. 
THE STATE OF TEXAS, 
County of Bexar. 

Know all men by these presents : That we. Hugo & Smeltzer, a firm composed 
of Chas. Hugo. Gustav Schmeltzer and Wni. Heuermann, of the County of Bexar, 
and State aforesaid, for and in consideration of the sum of One Hundred and 
Sixty Thousand Dollars to us in hand paid by and secured to be paid by Reagan 
Houston, as follows: Sixty thousand ($60,000.00) Dollars paid in cash, the 
receipt of which is hereby acknowledged, and One hundred thousand ($100,000.00) 
Dollars hereafter to be paid as evidenced by three promissory notes of even date 
herewith, signed by the said Reagan Houston, in favor of Hugo & Schmeltzer for 
thirty-three thousand, three hundred and thirty-three 33/100 dollars each, due 
respectively on or before twelve months, eighteen months and twonty-fout- months 
from October 1st 1890, and all bearing interest from October 1st, 1890 until 
paid at the rate of eight per cent per annum, to secure the payment of all said 
notes principal and interest, a vendor's lien is hereby specially retained on the 
premises hereinafter conveyed. 

Have granted, sold and conveyed and by these presents do grant, sell, convey 
and deliver unto the said Reagan Houston of the County of Bexar and State of 
Texas, all that certain tract, parcel or piece of land lying and being in the State 
of Texas, and County of Bexar, and in the City of San Antonio. Bounded on 
the North by Houston Street, East by the Alamo Ditch, South by a tract of land 
heretofore sold to the State of Texas, and known as the "Alamo" and Alamo 
Plaza, and West by said Alamo Plaza, and being the same property conveyed 
Honore Grenet, now deceased, by Anthony Dominic Pellicer and W. H. Maverick, 
by two several deeds recorded in the records of Bexar County, in Vol. No. 7, page 
373, and Vol. No. 5, and pages 538 and 539, to which reference is hereby made. 

The tract of parcel of land herein conveyed is more particularly described as 
follows: 

Beginning at a stake set on the West Bank of Alamo Ditch being the South 
East corner of this tract and the North East coiner of the tract heretofore sold 
to the State of Texas as aforesaid ; 

Thence North 79-1/3 West, 200 feet 2-2/5 inches; 
Thence North 11 33' East, 191-52/100 feet; 
Thence South 79-1/10 East, 272-22/100 feet; 

Thence with the meanders of said Ditch to the place of beginning. And being 
the same property conveyed to these grantors by the Administrator of the Estate 
of H. Grenet, deceased, by deed dated January 3rd, 1886, recorded in the records 
of Bexar County, Texas, in Volume No. 48, pages Nos. 50, 51 and 52. 

To have and to hold, the above described premises, together with all and singu- 
lar the rights and appurtenances thereto belonging unto the said Reagan Houston, 
his heirs and assigns forever ; and we do hereby bind ourselves, our heirs, execu- 
tors and administrators to warrant and forever defend, all and singular the said 
premises unto the said Reagan Houston, his heirs and assigns, against every 
person whomsoever lawfully claiming or to claim the same or any part thereof. 

Witness our hands at San Antonio, Texas this 11th day of September A D 
1890. 

CHAS. HUGO. 

w. heuer:mann, 

G. SCHMELTZER. 



—74— 

THE STATE OF TEXAS, 
County of Bexar. 

Before me a Notary Public in and for Bexar County, Texas, 

on this day personally appeared Chas. Hugo, W. Heuermann and G. Schmeltzer, 
composing the firm of Hugo and Schmeltzer, known to me to be the persons whose 
names are subscribed to the foregoing instrument and acknowledged to me that 
they executed the same for the purposes and considerations therein expressed. 

Given under my hand and seal of office, this 11th day of September A. D. 1890. 



<Seal) Notary Public, Bexa# Co. Texas. 

No. 1416. 

THE STATE OF TEXAS, 
County of Bexar. 

I, Thad W. Smith, County Clerk of said County, do hereby certify that the 
foregoing instrument of writing, with its certificate of authentication, was filed 
for registration in my office on the 11th day of September A. D. 1890, at o'clock 
p. ni., and duly recorded on the 12th day of September A. D. 1890, at 9 o'clock 
a. m. in the Records of said County, in Book- volume 65, on pages 361-363. 

In testimony whereof, witness my hand and official seal, at office, this 12 day 
of September 1890. 

THAD W. SMITH, 

<Seal) County Clerk, Bexar Co., Texas. 

' By John Stappenbeck, Deputy. 

(Endorsed: Warranty Deed Hugo & Schmeltzer to Reagan Houston. Filed 
for record in my office this 11" day of September A. D. 1890, at 5 o'clock and 

minutes, p. m. Recorded September 12" 1890, in Bexar Countj^ Record of 

Deeds, Book Vol. 65, Page 301. Chas. W. Smith, Clerk.) 

(In print: "Houston Bros., Attorneys at Law, San Antonio, Texas.) 
(Endorsed: Filed in the Office of the Secretary of State, this 4 day of Oct. 
1905. O. K. Shannon, Secretary of State.) 

THE STATE OF TEXAS, 
County of Bexar. 

Before me, Wm. S. Temple, a Notary Public in and for Bexar County, Texas, 

on this day personally appeared Reagan Houston, known to me to be the person 

whose name is subscribed to the foregoing instrument, and acknowledged to me 

that he executed the same for the purposes and consideration therein expressed. 

Given under mv hand and seal of office this 27th day of January, 1891. 

WM. S. TEMPLE, 
Notary Public, Bexar Co., Tex. 

(Cancelled as per below memo — Apr. 13/92. Wm. S. Temple, Notary Public.) 
The consideration mentioned as paid by me to Reagan Houston in the Instru- 
ment on tlie reverse hereof having been returned, I hereby reconvey with said 
Reagan Houston tlie jiroperty therein conveyed and authorize the Notary Public 
to cancel tlie record of Mr. R. Houston's acknowledgement on his book. 
San Antonio, April 13. 1892. 

ALBERT MAVERICK. 
In presence of 
VVitncss : 

J. H. Premall 
Chas. F. McKeen. 
Filed in the office of the Secretary of State this 4th dav of October, 1905. 

0. K. SHANNON,' Secretary of State. 

San Antonio, Texas. Jan. 27, 1891. 

Know all men by these presents that I, Reagan Houston, for a valuable con- 
sideration paid to me by Albert Maverick, have bargained, sold and conveyed and 
do hereby bargain sell and convey unto the said Albert Maverick the interest 
and title that is vested in me by virtue of a deed executed by Chas. Hugo, Wm. 
Heuermann and G. Schmeltzer to me dated the 11th day of September, 1890, con- 



—75— 

veying the Hugo & Schmeltzer real property at the North east corner of Alamo 
Plaza in the City of San Antonio, Texas, and bounded North by East Houston 
Street, East by Madre Ditch, est by Alamo Plaza and South by said Plaza and 
the Alamo. 

The said property in said Albert Maverick's hands and his assigns to be sub- 
ject to the vendor's lien held by said Chas. Hugo, Wm. Heuermann and G. 
Schmeltzer for the still unpaid One hundred thousand dollars of the purchase 
money due on said property. 

Witness my hand this January 27, 1891. 

The said Albert Maverick not however binding himself to pay or assume said 
unpaid purchase money notes. 

REAGAN HOUSTON. 
"TRANSFER." 
STATE OF TEXAS, 

County of Bexar. 

Know all men by these presents, that 

Whereas, On the eleventh day of September, 1800, Chas. Hugo, Wm. Heuer- 
mann and G. Schmeltzer, composing the firm of Hugo & Schmeltzer, of the City 
of San Antonio, Bexar County, State of Texas, made, executed and delivered 
unto Reagan Houston, of said City, County and State, their certain deed of 
conveyance to a tract or parcel of land in the City of San Antonio, Bexar 
County, lying and being on the corner of Alamo Plaza and Houston Street, and 
bounded East by the Alamo Ditch, South by property sold to the State of Texas, 
West by Alamo Plaza and North by East Houston Street, which said deed of 
conveyance is recorded in the office of the County Clerk of Bexar County in Vol. 
No. 65 on pages 361-363, and to which reference is hereby made for description 
and all further particulars: 

And whereas on a part of the purchase money was paid for the property above 
described hy the said Reagan Houston to the said Chas. Hugo. Wm. Heuermann 
and G. Schmeltzer, and a vendor's lien was specially retained for the balance of 
the purchase money, towit: the sum of one hundred thousand dollars, as evidenced 
by three certain promissory notes, of even date with said deed of conveyance for 
the sum of thirty-three thousand, three hundred and thirty-three 33-100 Dollars 
each. 

And, Avhereas, two of the aforesaid notes, interest on said total amount, as well 
as Taxes are now due and payable; 

And, whereas, I am desirous but unable to pay the amount so due: 

Now, therefore, I Reagan Houston, for and in consideration of the premises, and 
in consideration of the surrender of the said promissory notes to me, by the said 
Hugo & Schmeltzer in full satisfaction of my said debt to them, have bargained, 
granted, sold and conveyed, and these presents do grant, bargain, sell, convey and 
deliver unto the said Chas. Hugo. Wm. Heuermann and G. Schmeltzer, all and 
singular the premises above described, together with all the rights, members, ap- 
purtenances and hereditaments, or in anywise incident or appertining. 

To have and to hold the premises above described unto the said Chas. Hugo, 
Wm. Heuermann and G. Schmeltzer, their heirs and assigns forever. 

And I do hereby bind myself, my heirs and legal representative to warrant and 
forever defend the title to said premises to the vendees, their heirs and assigns 
against all persons whomsoever lawfully claiming or to claim the same, or any 
part thereof, by, through or under me. 

Witness mv hand, at San Antonio, this 18th dav of April, A. D. 1892. 

REAGAN HOUSTON. 
THE STATE OF TEXAS, 
County of Bexar. 

Before me, Wm. S. Temple, a Notary public in and for Bexar County, Texas, 
on this day personally appeared Reagan Houston, known to me to be the person 
whose name is subscribed to the foregoing instrument, and acknowledged to 
me that he executed the same for the purposes and consideration expressed. 

Given under my hand and seal of office this 18th dav of April A. D. 1892. 

WM. S. TEMPLE, 

(Seal) Notary Public, Bexar County, Texas. 



—76— 

THE STATE OF TEXAS, 
County of Bexar. 

I, Thad W. Smith, county clerk, do hereby certify tliat the foregoing instru- 
ment of writing, with its certificate of authentication was filed for registration 
in my office on the 20th day of April A. D. 1892, at 3 o'clock P. M., and duly 
recorded on the 25th day of April A. D. 1892 at 1 o'clock P. ]M.. in the records 

of said County, in book volume 106 on pages Nos. 612 to 615. 

In testimony whereof, witness my hand and official seal at office, this 25th 
day of April, 'a. D. 1892. 

THAD W. SMITH, 
County Clerk, Bexar County, Texas. 

By John Stappenbeck, Deputy. 

(Endorsed — Reagan Houston to Chas. Hugo et al. Wm. Heuermann and G. 
Schmeltzer. Deed. Apl 18/92.) 

"Endorsed — Filed for Eecord in my office, this 20 day of Apl. 1892, at 3 
o'clock P. M. Thad W. Smith, Co. Clk. Bexar Co., Tex. John Stappenbeck, 
Deputy. 

(Endorsed — Filed in the Office of the Secretary of State, This 4 day of Oct. 
1905. 0. K. Shannon, Secretary of State). 

In Red Ink (Vol. 106, p. 612). 

(Copy) 

RELEASE OF ROSSKAM GERSTLEY & CO. TO HUGO & SCHMELTZER. 

THE STATE OF PENNSYLVANIA, 
County of Philadelphia. 

Whereas, on the 2nd day of February A. D. 1886 Charles Hugo, Wm. Heuer- 
mann and Gustav Schmeltzer, composing the firm of Hugo & Schmeltzer, of the 
County of Bexar, State of Texas, made executed and delivered unto Rosskam 
Gerstley & Co of the City of Philadelphia State of Pennsylvania, their certain 
five promissory notes for five thousand Dollars each bearing six per centum 
interest per annum, — and to secure the payment thereof on the same day made 
executed and delivered unto L. C. Trothaus, as Trustee, their certain deed of 
Trust upon the following described premises to-wit: 

All that tract or parcel of land lying and being in the County of Bexar, 
State of Texas, and in the City of San Antonio and bounded on the North by 
Houston Street 272 feet — on the West by Alamo Plaza 192 feet, on the South 
by Alamo Plaza and the old Mission Church 200 feet and on the East by the 
Alamo Ditch which said deed of Trust is recorded in the Records of Bexar 
County in Volume No. 46, page 578. et seq. 

And whereas the said payors Hugo & Schmeltzer, the firm composed of the 
members aforesaid, have fully paid and discharged said five promissory notes 
together with all the interest due thereon, according to their tenor and effect. 

Now therefore we, the payees of the promissory notes aforesaid, acknowledg- 
ing full payment thereof, hereby release relinquish and reconvey unto the said 
payors, Chas. Hugo, Wm. Heuermann and Gustav Schmeltzer, composing said 
firm of Hugo and Schmeltzer all and singular the premises above described, 
hereby cancelling and annulling all right claim interest, title and demand we 
had and held in and- to said premises by virtue of the notes and deed of Trust 
aforesaid. 

Witness our hands at Philadelphia, State of Pennsylvania this 23rd day of 
Jime, A. D. 1890. 

ISAAC ROSSKAM, 
HENRY GERSTLEY 
LOUIS GERSTLEY 
WILLIAM GERSTLEY 
Comprising firm of Rosskam, Gerstley & Co. 

THE STATE OF PENNSYLVANIA, 
City and County of Philadelphia. 

Before me, Jos. R. Teller a Notary Public in and for the County and State 
aforesaid this day personally appeared Isaac Rosskam, Henry Gerstley, Louis 



—77— 

Gerstley, William Gcrstley, known to me to be the persons whose names are 
subscribed to the foregoing instrument and acknowledged to mo that they exe- 
cuted the same for the purposes and consideration therein expressed. 

Given under by hand and seal of office this 23rd day of January A. D. 1890, 

JOS. R. TELLER, 

Notary Public. 
THE STATE OF TEXAS, 
County of Bexar. 

I, Thad. W. Smith, County Clerk of said County, do hereby certify that the 
foregoino- iiistrument of writing, with its certificate of authentication was filed 
for registration in my office on the 5th day of September A. D. 1890 at 10^ 
o'clock A. ]M. and duly recorded on the 5th day of September A. D. 1890 at 1 
o'clock P. M., in the Records of said County, in Book volume 78 on page S 
153-155. . 

In testimony whereof, witness my hand and official seal, at office, this 5th day 
of September 1890. 

THAD W. SMITH, 
Co. Clerk Bexar Co. Tex. 
By John Stappenbeck, Deputy. 
(Copy) 

FIELD NOTES OF SURVEY OF ALAMO STOREHOUSE PROPERTY. 

Field Notes of a Survey of the Alamo Storehouse property belonging to the 
Estate of H. Grenet, dec'd., comprising the two tracts acquired by said Estate 
from Bishop Pellicer and from W. H. Maverick, said Survey being made for 
Messrs. Hugo & Schmeltzer. 

Beginning for S. E. cor. on W. edge of Alamo Ditch at the N. E. cor. of the 
site of the Alamo Church proper now owned by the State of Texas. The place 
of said corner is preserved by a stake driven on W. bank of Ditch at 4-f feet 
(4 ft. 9 inches.) from W. edge and 6 ft. 9 inches from centre of said Ditch 
meas'd on a course N. 79-J degrees W. 

Thence, for greater precision, from the W. edge of the Ditch, N. 79J degrees 
W. at 4| feet the stake aforesaid, at 113 ft. 8 inches a nail in line driven in 
door sill of a door in S. wall of the Store House property, at 200 ft. 2-2/5 
inches the S. W. cor. of the old stone convent building now used as a Store- 
House. 

Thence on an angle of 89 degrees 7' with S. line, or, N. 11 degrees 33' E. 
191-52/100 ft. to the N. W. cor. of the old stone convent building on S. side 
of Houston St. Thence, on an angle of 90 degrees 39' with W. line, or, S. 
79-1/10 degrees E. at 161-35/100 ft. reach N. E. cor. of galleried building; at 
272.22 feet reach N. E. cor. of this Survey on W. bank of Alamo Ditch, marked 
by the intersection of E. edge of the third plank — counting from West to East 
of the wooden covering of bridge over the Alamo Ditch. 

Thence, down the Alamo Ditch, along its W. Edge, with its meanders to the 
place of beginning. Sur'd. Jan'y. 22nd, 1886. 

(Var. used 9 degrees 11' E. at 9 A. M.) 

CHAS. P. SMITH, 

Sur. & C. E. 

GENERAL WARRANTY DEED— THE Hi:^GO & SCHMELTZER COMPANY 
TO CHARLES HUGO. 

THE STATE OF TEXAS, 
County of Bexar. 

Know all men by these presents: That the Hugo & Schmeltzer Company, 
a private corporation noting herein by and through it* President. G. Schmeltzer 
and Secretary, August Briam, Jr., hereunto duly authorized by a resolution passed 
on Septomber 15th., 1903 by the Board of Directors of said corporation which 
was authorized and confirmed at a meeting of the stock-holders of said corpora- 
tion on the same date, which said corporation has its legal domicile in the 
County of Bexar and State of Texas, for and in consideration of the sum of 
Seventy Five Thousand Dollars (.$75,000.00) paid by Charles Hugo, the re- 
ceipt of whereof is hereby acknowledged. 



—78—- 

Have Granted, Sold and Conveyed, and by these presents do Grant, Sell and 
Convey unto the said Chas. Hugo of the County of Bexar and State of Texas 
all that certain tract or parcel of land lying and being situated in the County 
of Bexar, State of Texas, and within the corporate limits of the City of San 
Antonio, and more particularly described as follows; to-wit: Bounded on the 
North by Houston Street; on the East by the Alamo Ditcli ; on the South by 
the "Alamo" and Alamo Plaza and on the West by Alamo Plaza; and being the 
same property conveyed to Honore Grenet, now deceased, by Anthony Dominic 
Pellicer and W. H. Maverick by two several deeds recorded in the Records of 
Bexar County in Vol. No. 7, page 373; and in Vol. No. 5, pages 538 & 539, 
and by George H. Kalteyer, Administrator of the Estate of Honore Grenet, de- 
ceased, to Hugo & Schmeltzer by deed dated January 23, 1886 and recorded in 
the Records of Bexar County in Book Volume 48, on pages 50 to 52. and said 
tract of land being described as: "Beginning at a stake set on the West bank 
of the Alamo Ditch, beginjiing the South corner of this tract and the North 
East corner of the tract heretofore sold to the State of Texas, and being known 
as "The Alamo;" thence North 79- J degrees West 200 feet 2-2/5 inches; thence 
North 11 degrees 33' East 191-52/100 feet; thence South 79.1 degrees East 272 
22/100 feet; thence with the meanders of said Ditch to the place of beginning. 

To Have and to Hold, the above described premises, together with all and 
singular, the rights and appurtenances thereto in any wise belonging, unto the 
said Charles Hugo, his heirs and assigns forever; and the said Hugo & Schmelt- 
zer Company does hereby bind itself, its successors and assigns, to Warrant 
and Forever Defend, all "and singular, the said premises unto the said Charles 
Hugo, his heirs and assigns against every person whomsoever lawfully claim- 
ing or to claim the same or any part thereof. 

This conveyance is however, made subject to an option to purchase this said 
property given by Charles Hugo, G. Schmeltzer, and George Heuermann and 
Lina Heuermann* as Independent Executors of the Estate of William Heuer- 
mann, Dec. to Miss Clara Driscoll on the 18th day of March, A. D. 1903, and 
which said option was given in writing, and is hereby referred to and made a 
part hereof. 

Witness the name of said Corporation by its President, G. Schmeltzer, and 
the seal of said corporation attested by its Secretary, August Briam, Jr., at its 
office in San Antonio, in Bexar County, Texas, on this 26th day of September, 
A. D. 1903. 

G. SCHMELTZER, 

Attest: President -of the Hugo & Schmeltzer Co. 

AUG. BRIAM, JR., Secretary the Hugo Schmeltzer Co. 

THE STATE OF TEXAS, 
County of Bexar. 

Before me, W. A. Wurzbach, a Notary Public in and for Bexar County, Texas, 
on this day personally appeared G. Schmeltzer, President, and August Briam, Jr., 
Secretary, of the Hugo & Schmeltzer Company, known to me to be the persons 
whose names are subscribed' to the foregoing instrument, and acknowledged to 
me that they executed the same for the purposes and consideration therein ex- 
pressed, and' as the act and deed of the Hugo & Schmeltzer Company. 

Given under my hand and seal of office this 26th day of September, A. D. 

1903. 

W. A. WURZBACH,- 

THE STATE OF TEXAS, Notary Public, Bexar Co., Tex. 

County of Bexar. 
I, Frank R. Newton. County Clerk of said County, do hereby certify that the 
foregoing instrument of writing with its certificate of authentication was filed 
for record in my office on the 10th day of February, A. D. 1904, at 3:10 o'clock 
P. M., and duly recorded on the 16th" day of February A. D. 1904, at 3 o'clock 
P. M., in the records of Deeds of said County, in book volume 223, on page 260. 
In testimonv whereof, witness my hand and official seal, at office, this 16th 
dav of Februarv, A. D. 1904. 

FRANK R. NEWTON, 
County Clerk, Bexar Co., Tex. 
By August E. Huppertz, Deputy. 



— 79 — 

(Copy) 

WAREANTY DEED WITH VENDOR'S LIEN— CHAS HUGO TO 
CLARA DRISCOLL. 
THE STATE OF TEXAS. 
County of Bexar. 

Know all men by these present? ; 

That L Charles Hugo, of Bexar Coimty, Texas, for and in consideration of the 
sum of Seventy-five thousand ($75,000.00) Dollars, paid and to be paid by Clara 
Driscoll as follows: Twenty-five thousand ($25,000.00) Dollars in cash, the 
receipt of which is hereby acknowledged, and Fifty Thcmsand ($50,000.00) Dollars 
as evidenced by five (5) promissory notes of even date herewith, each for the 
sum of Ten Tlionsand ($10,000.00) Dollars, and payable respectively on or before, 
one (1), two (2), three (3). four (4), and five (5) years after date, each bearing 
interest from date until maturity, at the rate of six (G) per cent per annum and 
ten (10) per cent per annum after maturity; payable annually,, and each stipu- 
lating that the failure to pay any annual installment of interest when due, or 
any one of said notes when due, shall, at the election of the holder of said notes 
or any of them, mature all of said notes, and providing for ten (10) per cent 
attorney's fees if notes are placed in the hands of an attorney for collection, or 
judicial proceedings become necessary to collect the same, and the payment of 
which notes is secured by a Vendor's lien hereby expressly retained upon the 
property hereinafter conveyed, 

Have granted, sold and conveyed, and by these presents, do grant, sell and 
convey unto the said Clara Driscoll, a femme sole of San Antonio, Bexar County, 
Texas, all that certain tract or parcel of land situated in Bexar County, Texas, 
within the corporate limits of the City of San Antonio, and more particularly 
described as follows, to-wit: 

Bounded on the North by Houston Street; on the East by the Alamo Ditch ,- 
on the South by the "Alamo" and Alamo Plaza and on the West by Alamo Plaza ; 
and being the same property conveyed to Honore Grenet, now deceased, by An- 
thony Dominic Pellicer and W. H. Maverick by two several deeds recorded in 
the Records of Bexar County in Vol. No. 7. page 373, and in Vol. No. 5. pages 538 
and 539, and by George H. Kalteyer, Administrator of the Estate of Honore 
Grenet, deceased, to Hiigo & Schmeltzer by deed dated January 23, 1886, and 
recorded in the Records of Bexar County in Vol. 48 on pages 50 to 52, and said 
tract of land being described as "Beginning at a stake set on the west bank of 
the Alama Ditch, being the South-east corner of this tract and the North-east 
corner of the tract heretofore sold to the State of Texas, and being known as 
"The Alamo"; thence North 70-1/2 degrees west 200 feet. 2-2/5 inches; thence 
North 11 degrees 33' East 191-52/100 feet; thence South 79-1/10 degrees East 
272-22/100 feet; thence with the meanders of said Ditch to the place of be- 
ginning." 

To have and to hold, the above described premises, together with all and singu- 
lar, the rights and appurtenances thereto in anywise belonging, unto the said 
Clara Driscoll, her heirs and assigns forever. 

And I do hereby bind myself, my heirs, executors and administrators, to war- 
rant and forever defend, all and singular, the said premises unto the said Clara 
Driscoll, her heirs and assigns, against every person whomsoever lawfully claim- 
ing or to claim the same or any part thereof. 

It is distinctly understood and agreed that this property is purchased by Clara 
Driscoll for the use and benefit of the Daughters of the Republic of Texas, and 
is to be used by them for the purpose of making a park about the Alamo, and 
for no other purpose whatever. But it is expressly agreed and stipulated that 
the Vendor's Lien is retained against the above described property, premises and 
improvements, until the above described notes and all interest thereon are fully 
paid according to their face and tenor, effect and reading, when this deed sliall 
liecome absolute. 

Witness my hand, tliis 10th day of February. A. D. 1004. 

Witnesses:" ' CHAS. HUGO. 

N. S. Graham. 
W. A. Wurzbaeh. 



—80— 

THE STATE OF TEXAS. 
County of Bexar. 

Before me, W. A. Wurzbaeh, a Notary Public within and for Bexar County, 
Texas, on this day personally appeared Charles Hugo, known to me to be the 
person whose name is subscribed to the foregoing instrument, and acknowledged 
to me that he executed the same for the purposes and consideration therein ex- 
pressed. 

Given under mv hand and seal of office, this lOtli day of February, A. D. 1904. 

W. A. WURZBACH, 
Notary Public, Bexar County, Texas. 
THE STATE OF TEXAS, 
County of Bexar. 

I, Frank R. Newton, County Clerk of said County, do hereby certify that the 
foregoing instrument of writing with its certificate of authentication was filed 
for record in my office on the 10th day of February A. D. 1904, at 3:10 o'clock 
p. m., and duly recorded on the 16th day of February, A. D. 1904, at 4:20 o'clock, 
p. m., in the records of Deeds of said County, in book volume 223, on page 261. 
In testimony whereof, witness my hand and official seal, at office, this 16th day 
of February, A. D. 1904. 

FRANK R. NEWTON. 
County Clerk, Bexar County, Tex. 
By August E. Huppertz, Deputy. 

DEED OF CONFIRMATIOX'— CHAS. HUGO TO CLARA DRISCOLL. 

THE STATE OF TEXAS, 
County of Bexar. 

Xnow all men by these presents, that: 

Whereas, on February 10th, 1904, I. Charles Hugo of Bexar County, Texas, did 
-convey to Clara Driscoll of Bexar County, Texas, by a general warranty deed the 
property known as the Hugo-Schmeltzer property by deed duly recorded in Book 
223, page 261, of the Deed Records of Bexar County, Texas; and 

Whereas, the meanders of the Alamo Ditch bounding said property on the East 
were not given ; and 

Whereas, the estate of Eliza Callagher owning the property to the East and 
Clara Driscoll have entered into a boundary agreement establishing the meanders 
•of said Alamo Ditch ; 

Now, in consideration of the premises and for the purpose of confirming the 
•deed executed by me as aforesaid, I, Charles Hugo of Bexar County, Texas, for 
and in consideration of one dollar to me in hand paid by Clara Driscoll, have 
granted, sold and conveyed, and by these presents do grant, sell and convey unto 
Clara Driscoll of Bexar County, Texas, all that certain tract or parcel of land 
situated in the City of San Antonio, Bexar County, Texas, known and described 
as follows: 

Beginning at a stake set in the center of the old and now abandoned Alamo 
Ditch for the South East corner of this tract and for the North East corner of 
the tract heretofore sold to the State of Texas known as the Alamo : 

Thence N. 79 degrees 06 minutes W. along the north boundary line of said 
"Alamo" tract passing its North West corner 202.8/10 feet to a stake set on the 
east side of Alamo Plaza for the South West corner this survey; 

Thence N. 12 degrees 001/2 minutes E. along the East side of said Alamo Plaza 
191.6/10 feet to a stake set on the South side of Houston Street for the North 
West corner of this survey. 

Thence along the South side of said Houston Street S. 78 degrees 39 minutes 
E. 181.7/10 feet and S. 74 degrees 23 1/2 minutes E. 91.1/10 feet to a stake set 
in the center of said old abandoned Alamo Ditch for the North East corner this 
survey ; 

Thence along the center of said old abandoned Alamo Ditch S. 39 degrees 59 1/2 
minutes W. 140.0 feet and S. 14 degrees, 53 1/2 minutes W. 61.1/10 feet to the 
place of beginning. 

To have and to hold the above described premises, together with all and singu- 



—81— 

lar, tlic rights and a|)])uit('naiicos thereto in .anywise belonging, unto the said 
Clara Driscoll, her hiMrs or assigns, forever. And I do hereby bind myself, my 
lieirs, execntors and administrators to warrant and forever defend all and singu- 
lar the said premises unto the said Clara Driscoll, her heirs and assigns, against 
every person wliomsoever lawfully claiming or to claim the same or any part 
thereof, according to tlie terms and warranties set out in my deed to Clara Dris- 
coll dated February 10, 1904, above referred to. 

Witness my hand this 21st day of August, A. D. 1905. 

(Signed) CHAS. HUGO. 

THE STATE OF NEW YORK, 

Countv of Erie, 

City of Buflfalo. 

Before me, the undersigned authority, on tliis day personally appeared Charles 
Hugo, known to ijie to be the person whose name is subscribed to tlie foregoing 
instrument, and aclcnowledged to me that he executed the same for the purposes 
and consideration therein expressed. 

Given under my hand and Seal of office, this 21st dav of August, A. D. 1905. 

(Signed) " W. MEADWAY, 
Notary Public in and for Erie County, State of New York. 

THE STATE OF TEXAS. 
County of Bexar. 

I, Frank R. Newton, County Clerk of said County do hereby certify that the 
foregoing instrument of writing with its certificate of authentication was filed 
for record in my office on the 1st day Sept. A. D. 1905 at 10:40 o'clock a. m. 
and duly recorded on the 7th day of Sept. A. D. 1905 at 11:50 o'clock a. m. in 
the records of Deeds of said County, in book volume 238, on pages 361-362. 

In testimonv whereof, witness my hand and official seal, at office, this 7th day 
of Sept. A. D." 1905. 

FRANK R. NEWTON, 
County Clerk, Bexar County, Texas. 
By August E. Huppertz, Deputy. 

RELEASE OF VENDOR'S LIEN— CHAS HUGO TO CLARA DRISCOLL. 

THE STATE OF TEXAS, 
County of Bexar. 

Know all men by these presents, that : 

Whereas, on February 10th, 1904, I did convey to Clara Driscoll the property 
hereinafter described in consideration of twenty-five thousand dollars in cash and 
fifty thousand dollars as evidenced by five notes of even date with said deed, each 
for the sum of ten thousand dollars, and payable on or before one, two, three, 
four and five years after the date of said deed, with six per cent, interest until 
maturity, and ten per cent, interest after maturity, payable annually, tlie pay- 
ment of which notes was secured by a Vendor's Lien expressly retained in said 
deed, as is more fully set out therein, which deed is recorded in Book 223, page 
261. Deed Records of Be>ar County, Texas, to which reference is here made for 
further description; and 

Wliereas, all of said notes, principal and interest, have been fully paid to me 
by the said Clara Driscoll ; 

Now, therefore, in consideration of the premises, I, Charles Hugo of Bexar 
County, Texas, have released and conveyed to Clara Driscoll of Bexar Countv, 
Texas, the property described in said deed as follows: 

All that certain tract or parcel of land situated in Bexar County, Texas, within 
the corporate limits of tlie City of San Antonio, and more particularly deseriljed 
as follows, to-wit: 

Bounded on the North by Houston Street, on the East by the Alamo Ditch, 
on the South by the Alamo and Alamo Plaza, and on the West by Alamo Plaza, 
and being the same property conveyed to Honore Grenet, now deceased, bv An- 
tliony Dominic Pellicer and W. H. INIaverick, by two several deeds recorded in 
the lecords of Bexar County in Vol. No. 7, page 373, and in Vol. No. 5, pao-e 538 
and by George H. Kalteyer, administrator of t\\p Estate of Honore Grenet, de- 



—82— 

ceased, to Hugo & Schmeltzer by deed dated Jan. 23, 1886, and recorded in the 
records of Bexar County, in Vol. 48, page 50, and said tract of land being de- 
scribed as : Beginning at a stake set on the west bank of the Alamo Ditch being 
the South East corner of this tract and the North East corner of the tract hereto- 
fore sold to the State of Texas and being known as the "Alamo." Thence North 
79-1/3 degrees West 200 feet 2-2/5 inches. Thence North 11 degrees 33' East 
191-52/100 feet. Thence South 79-1/10 degrees East 272-22/100 feet. Thence 
with meanders of said ditch to the place of beginning. 

To have and to hold the same forever free and discharge from all right, titles 
or liens vested in me by reason of having been the vendor of said property, and 
by reason of having retained a Vendor's Lien thereon to secure the payment of 
the notes described in said deed. 

Witness my hand, this the 21st dav of August, A. D. 1905. 

(Signed) CHAS. HUGO. 

THE STATE OF NEW YORK, 
County of Erie, i 

City of Buffalo. 

Before me, the undersigned authority, on this day personally appeared Charles 
Hugo, known to me to be the person whose name is subscribed to the foregoing 
iiistrument, and acknowledged to me that he executed the same the purposes and 
consideration therein expressed. 

Given under mv hand and Seal of office this 21st day of August, A. D. 1905. 

G. HEADWAY, 
Notary Public in and for Erie County, State of New Y'ork. 
No. 1. 
$10,000.00. • San Antonio. Texas, February 10th, 1904. 

On or before one year after date, for value received, I promise to pay to the 
order of Charles Hugo at the Alamo National Bank, in San Antonio, Texas, the 
sum of Ten Thousand ($10,000.00) Dollars in Gold, with interest thereon from 
date until maturity hereof, at the rate of six per cent per annum, and ten per 
cent per annum after maturity; interest payable annually. 

This note is given in part purchase of a certain tract or parcel of land situ- 
ated in Bexar County, Texas, within the corporate limits of the City of San 
Antonio, and more particularly described as follows, to-wit: 

Bounded on the Nortli by Houston Street ; on the East by Alamo Ditch ; on the 
South by the Alamo and Alamo Plaza, and on the West by Alamo Plaza, and 
known as the Hugo & Schmeltzer property, this day deeded to me by Charles 
Hugo, and to secure the payment of this note atcording to the tenor hereof, a 
Vendor's Lien is retained in said conveyance. All past due interest on this note 
shall bear interest from maturity thereof until paid at the rate of ten per cent 
per annum. 

It is understood and agreed that failure to 'pay this note, or any installment 
of interest thereon when due shall, at the election of the holder of them or any 
of tliem, mature all notes this day given by me to Charles Hugo in purchase of 
said property, and it is hereby specially agreed that if this note is placed in the 
hands of an Attorney for collection after maturity, or judicial proceedings become 
necessarj^ to collect same, I agree to pay ten per cent additional on the principal 
and interest then due as attorney's fees. 

CLARA DRISCOLL. 

Across the face thereof is written: "Paid in full Feby 10, 1905. Chas. Hugo." 
Endorsed on back : "Chas. Hugo — without recourse." 
Endorsed: Vendor's Lien Note No. 1. 

Endorsed: Filed in the Office of the Secretary of State this 4 day of Oct. 1905. 
0. K. Shannon, Secretary of State. 

No. 2. 
$10,000.00. San iVntonio, Texas, February 10th. 1904. 

On or before two years after date, for value received, I promise to pay to the 
order of Charles Hugo at the Alamo National Bank, in San Antonio, Texas, the 
sum of Ten Thousand ($10,000.00) Dollars in Gold, with interest thereon from 



—83— 

date until maturity hereof, at tlie rate of six per cent per aiimiiii, and ten per 
cent per annum after maturity; interest payable annually. 

This note is given in part purchase of a certain tract or parcel of land sitiuited 
in Bexar County, Texas, witlun the corporate limits of the City of San Antonio, 
and more particularly described as follows, towit: 

Bounded on the North by Houston Street; on the East by Alamo Ditch; on 
the South by the Alamo and Alamo Plaza, and on the West by Alamo Plaza, and 
known as the Hugo & Schmcltzer property, tliis day deeded to me by Charles 
Hugo, and to secure the payment of this note according to the tenor hereof, a 
Vendor's Lien is retained in said conveyance. All past tine interest on this note 
shall bear interest from maturity thereof until paid at the rate of ten per cent 
per annum. 

It is understood and agreed that failure to pay this note, or any installment 
of interest thereon when due shall, at the election of the holder of them or any 
of them, mature all notes this day given by me to Charles Hugo in purchase of 
said property, and it is hereby specially agreed that if this note is placed in the 
hands of an Attorney for collection after maturity, or judicial proceedini^s become 
necessary to collect same, I agree to pay ten per cent additional on the principal 
and interest then due as attorney's fees. 

CLARA DRISCOLL. 

Stamped across signature is the following: "Alamo National Bank, San An- 
tonio, Tex., Paid, Aug. 30, 1905." 

On back appears: "Feby 10, 1905 — Interest paid to Feby 10, 1905." 

"Endorsed : Vendor's Lien Note No. 2." 

(Endorsed: Filed in the Oftice of the Secretary of State, this 4 day of Oct 
1905. Secretary of State.) 

No. 3. 
$10,000.00. San Antonio, Texas, February 10th, 1904. 

On or before three years after date, for value received, I promise to pay to the 
order of Charles Hugo at the Alamo National Bank in San Antonio, Texas, the 
sum of Ten Thousand (10,000.00) Dollars in Gold, with interest thereon from 
date until maturity hereof, at the rate of six per cent per annum, and ten per 
cent per annum after maturity; interest payable annually. 

This note is given in part purchase of a certain tract or parcel of land situated 
in Bexar County, Texas, within the corporate limits of the City of San Antonio 
and more particular^ described as follows, to-wit: 

Bounded on the North by Houston Street; on the East by Alamo Ditch; on the 
South by the Alamo and Alamo Plaza: and on the West by Alamo Plaza, and 
known as the Hugo & Schmeltzer property, this day deed to me by Charles Hu^o, 
and to secui-e the payment of this note, according to the tenor hereof, a Vendor's 
Lien is retained in said conveyance. All past due interest on this note shall bear 
interest from maturity tliereof until paid at the rate of ten per cent per annum. 

It is understood and agreed that failure to pay this note, or any installment 
of interest hereon when due shall, at the election of the holder of' them or any 
of them, mature all notes this day given by me to Charles Hugo in purchase of 
said property, and it is hereby specially agreed that if this note is placed in the 
hands of an Attorney for collection after maturity or judicial proceedings become 
necessary to collect same, I agree to pay ten per "cent additional on the^principal 
and interest then due as attorney's fees. 

(Signed) CLARA DRISCOLL. 

No. 4. 
$10,000.00. San Antonio, Texas, February 10th, 1904. 

On or before four years after date, for value received, I promise to pay to the 
order of Charles Hugo at the Alamo National Bank, in San Antonio. Texas, the 
sum of Ten Thousand (.$10,000.00) Dollars in Gold, with interest thereon from 
date until maturity hereof, at the rate of six per cent per annum and ten per 
cent per annum after maturity; interest payable annually. 

This note is given in part purchase of a certain tract or parcel of land situated 
in Bexar County, Texas, within the corporate limits of the Citv of San Antonio 
and more particularly described as follows, to-wit: ' 



—84— • 

Bounded on the North by Houston Street; on the East by Akinio Ditch; on 
the South by the Akxnio and Ah^nio Plaza ; and on the West by Alamo Plaza, and 
known as tlie Hugo & Schmeltzer property, this day deeded to me by Charles 
Hugo, and to secure tlie payment of this note, according to the tenor hereof, a 
Vendor's Lien is retained in said conveyance. All past due interest on this note 
shall bear interest from maturity thereof until paid at the rate of ten per cent 
per annum. 

It is understood and agreed that failure to pay tliis note, or any installment 
of interest hereon when due shall, at the election of the holder of them or any 
of them, mature all notes this day given by me to Charles Hugo in purchase of 
said property, and it is hereby specially agreed that if this note is placed in the 
hands of an Attorney for collection after maturity or judicial proceedings become 
necessary to collect same, I agree to pay ten per cent additional on the principal 
and interest then due as attorney's fees. 

CLARA DRISCOLL. 

Stamped across signature is the following: "Alamo National Bank, San An- 
tonio, Tex., Paid, Aug. 30, 1905." 

On back appears : "Pay to the order of Geo. Heuerniann — Chas. Hugo — with- 
out recourse." 

Also: Feby. 10, 05. Interest paid to Feby. 10, 1905. 

( Endorsed : Vendor's Lien Note No. 4. ) 

Endorsed : Filed in the Office of the Secretary of State this 4 day of Oct. 1905. 
Secretary of State. 

No. 5. 
$10,000.00. San Antonio, Texas, February 10th, 1904. 

On or before five years after date, for value received, I promise to pay to the 
order of Charles Hugo at the Alamo National Bank, in San Antonio, Texas, the 
sum of Ten Thousand ($10,000.00) Dollars in Gold, with interest thereon from 
date until maturity hereof, at the rate of six per cent per annum and ten per 
cent per annum after maturity ; interest payable annually. 

This note is given in part purchase of a certain tract or parcel of land situated 
in Bexar County, Texas, within the corporate limits of the City of San Antonio, 
and more particularly described as follows, to-wit: 

Bounded on the North by Houston Street; on the East by Alamo Ditch; on 
the South by the Alamo and Alamo Plaza ; and on the West by Alamo Plaza, 
and known as the Hugo & Schmeltzer property, this day deeded to me by Charles 
Hugo, and to secure the payment of this note, according the the tenor hereof, a 
Vendor's Lien is retained in said conveyance. All past due interest on this note 
shall bear interest from maturity thereof until paid at the rate of ten per cent 
per annum. 

It is understood and- agreed that failure to pay this note, or any installment 
of interest hereon when due shall, at the election of the holder of them or any 
of them, mature all notes this day given by me to Charles Hugo in purchase of 
said property, and it is hereby specially agreed that if this note is placed in the 
hands of an Attorney for collection after maturity or judicial proceedings become 
necessary to collect same, I agree to pay ten per cent additional on the principal 
and interest then due as attorney's fees. 

CLARA DRISCOLL. 

Stamped across signature is the following: "Alamo National Bank, San An- 
tonio, Texas., Paid, Aug. 30, 1905." 

On back appears: "Chas. Hugo — without recourse." 

Also: "Feby 10, 05. Int. Paid to Feby. 10, 1905." 

End. : Vendor's Lien Note No. 5. 

(Endorsed: Filed in the Office of the Secretary of State, this 4 day of Oct. 
1905. Secretary of State.) 



— S6— 

(Copy) 

QUITCLAIM DEED— CATHOLIC CHURCH OF THE DIOCESE OF SAX AN- 
TONIO, TEXAS, TO CLARA DRISCOLL. 

THE STATE OF TEXAS. 
County of Bexar. 

Know all men by these presents, That the Catholic Church of the Diocese of 
San Antonio in the State of Texas, acting by and through J. A. Forest, Catholic 
Bishop of said Diocese, its duly authorized agent and trustee, for and in con- 
sideration of the sum of One Dollar to it in hand paid by Clara Driscoll, a feme 
sole, receipt of which is hereby acknowledged, have released and quit-claimed and 
by these presents do release and quit-claim unto the said Clara Driscoll the fol- 
lowing described tract or parcel of land situated in Bexar County. Texas, within 
the corporate limits of the City of San Antonio, particvilarly described as follows, 
to-wit: 

"Bounded on tlie North by Houston Street; on the East by the Alamo Ditcli; 
on the South by the "Alamo" and Alamo Plaza and on the West by Alamo Plaza; 
and being the same property conveyed to Honore CTrenet, now deceased, by An- 
thony Dominic Pellicer and W. H. Maverick by two several deeds recorded in the 
Records of Bexar County in Vol. No. 7, page 373, and in Vol. No. 5, pages 538 
and 539, and by George H. Kalteyer, Administrator of the Estate of Honore 
Grenet, deceased, to Hugo & Schmeltzer by deed dated January 23, 1886, and 
recorded in the records of Bexar County in Vol. 48 on pages 50 to 52, and said 
tract of land being described as: Beginning at a stake on the West bank of the 
Alamo Ditch, being the Southeast corner of this tract .and the Northeast corner 
of the tract heretofore sold to the State of Texas, and being known as the Alamo ; 
thence North 79 1/3 degrees West 200 feet 2 2/5 inches; thence North 11 degrees 
33' East 19152/100 feet; thence South 79 1/10 degrees East 272 22/100 feet; 
thence with the meanders of said Ditch to tlie place of beginning." 

To liave and to hold the above described premises unto tire said Clara Driscoll, 
her heirs and assigns, forever. 

Witness my hand, this the 26th day of May, 1905. 

J. A. FOREST. 
Bishop of San Antonio. 

(Copy) 
THE STATE OF TEXAS, 
County of Bexar. 

Before me, the undersigned authority, on this day personally appeared J. A. 
Forest, known to me to be the person whose name is subscribed to the foregoing 
instrument, and acknowledged to me that he executed the same for the purposes 
and consideration therein expressed and in the capacity therein set forth. 
Givn under my hand and seal of office, this 27tli dav of Mav, A. D. 1005. 

GEO. HUNHESS, 
Notary Public in and for Bexar County, Texas. 

THE STATE OF TEXAS, 
County of Bexar. 

I, Frank R. Newton, County Clerk of said County, do hereby certify that the 
foregoing instrument of writing with its certificate of authentication was filed 
for record in my office on the 1st day of September A. D. 1905 at 10:40 o'clock 
a. m. and duly recorded on the 8th day of September A. D. 1905 at 5:10 o'clock 
p. m., in the records of Deeds of said County, in book volume 238, on pages 
379-380. 

In Testimony Whereof, witness my hand and official seal, at office this 8th day 
of September, A. D. 1905. 

FRANK R. NEWTON, 
County Clerk, Bexar Co. Tex. 
By August E. Huppertz, Deputy. 



—87— 

(Copy) 

QUITCLAIM DEED— CITY OF SAN ANTONIO TO CLARA DRISCOLL. 

THE STATE OF TEXAS, 
County of Bexar. 

Know all men by these presents that the City of San Antonio, a municipal 
corporation duly incorjiorated by special act of the Legislature, acting herein, by 
and througli Bryan Callaghan thereof, inuler authority and by virtue of the pro- 
visions of an ordinance of the City Council of said City, passed and appi'oved 
August 14, 1905, does hereby quit claim, release and acquit unto Clara Driscoll 
of Bexar County, Texas, any and all right title and interest that the City of 
San Antonio may have or may have had, in and to the following described prop- 
erty, viz.: All that certain tract or parcel of land lying and being in the County 
of Bexar and State of Texas within the corporate limits of the city of San An- 
tonio, known as the Hugo & Schnicltzer property formerly a part of the old 
Alamo Mission (and adjoining the Alamo Churcli property now owned by the 
State) included within the following corrected field notes, viz: 

Beginning at a stake set in the centre of the old, now abandoned Alamo Ditch, 
for the South-east corner of this tract and for the North-east corner of the tract 
heretofore sold to the State of Texas and known as the "Alamo." Thence N. 79 
degrees OG' minutes W. along the North boundary line of said "Alamo" tract 
passing its north-west corner, 202.8/10 feet to a stake set on the East side of 
Alamo Plaza for the South-west corner of this survey. Thence N. 12 degrees 
00 1/2' E. along the east side of said Alamo Plaza 191.6/10 feet to a stake set 
on the south side of Houston Street for the North-west corner of this survey. 
Thence along the South side of said Houston Street S. 78 degrees 39' E. 181.7/10 
feet and S. 74 degrees 23 1/2' E. 91.1/10 feet to a stake set in the centre of said 
old abandoned Alamo Ditch for the North-east corner of this survey. Thence 
along the centre of said old abandoned Alamo Ditch, S. 39 degrees 59 1/2' W. 
140 feet and S. 14 degrees 53 1/2' W. 61.1/10 feet to the place of beginning. 

To have and to hold the same unto said Clara Driscoll, her heirs and assigns 
forever. 

In testimony whereof said City of San Antonio has caused these presents to be 
signed by Bryan Callaghan, Mayor thereof, and. attested by the City Clerk, with 
the seal of said City hereto affixed, this 14th day of August. A. D. 1905. 

CITY OF SAN ANTONIO, 
Attest: By Bryan Callaghan, Mayor. 

Frank Cassiano, 

City Clerk. 

THE STATE OF TEXAS, 
County of Bexar. 

Before me, the undersigned, a Notary Public in and for said County and State, 
on this day personally appeared Bryan Callaghan, Mayor of the City of San' 
Antonio, known to me to be the person whose name is subscribed to the foregoing 
instrument, and acknowledged to me that he executed the same as Mayor of said 
City of San Antonio, for and in behalf of said City, for the purposes and con- 
sideration therein expressed. 

Given under mv hand and seal of office, this 14th dav of August, A. D. 1005. 

W. A. WURZBACH, 
Notary Public, Bexar County, Tex. 

THE STATE OF TEXAS, 
County of Bexar. 

I. Frank R. Newton, County Clerk of said County, do hereby certify that the 
foregoing instrument of writing with its certificate of authentication was filed 
for record in my office on the 1st day of September A. D. 1905. at 10:40 o'clock 
a. m., and duly recorded on the 8th day of September, A. D. 1905, at 4:45 o'clock 
p. m. in tlie records of Deeds of said Countv, in book volume 238, on pages 
378 379. 



—88— 

In Testimony Whereof, witness mv hand and official seal, at office, this 8th day 
of Sept. A. D. 1905. 

FRANK R. NEWTON, 
County Clerk, Bexar Co., Texas. 
By August E. Huppertz, Deputy. 

AN ORDINANCE. 

Disclaiming any title or interest in and to that tract of land known as the 
"Alamo Tract," to be conveyed to the State of Texas by Clara DriscoU under 
the provision of an Act of the Legislature, approved January 26, 105, and 
authorizing the Mayor to execute quit claim deed thereto. 

Whereas under the provisions of an Act of the Legislature, approved January 
26, 1905, the Governor of the State of Texas to (is) authorized to obtain 
suiiicient conveyance of that certain tract of land in the City of San Antonio, 
known as the "Hugo & Schmeltzer Property," formerly a part of the old Mis- 
sion and adjoining the Alamo Church property, now owned by the State. 

And whereas the Attorney General of the State has requested that the City 
of San Antonio execute a quit claim deed to said property, in order that the 
record might affirmatively show that the City of San Antonio asserts no claim 
or title thereto. 

And whereas there is nothing of record indicating any claim on the part 
of said City to said property, and that the use and occupancy thereof by the 
parties now proposing to convey the same to the State of Texas and their 
vendors have been sufficient to bar any claim on the part of the City, even if 
such a claim could at any time have been asserted. 

And whereas the City desires that the State of Texas acquire the said Alamo 
property as a sacred memorial to the heroes who immolated themselves upon 
that hallowed ground ; therefore, Be it Ordained by the City Council of the City 
of San Antonio : 

Section 1 — That the Honorable Bryan Callaghan, as Mayor of the City of 
San Antonio, and in the name of said City, be, and he is hereby authorized 
to execute a quite claim deed to Clara Driscoll (through whom the State of 
Texas proposes acquiring the same) to that certain tract or parcel of land, 
lying and being in the County of Bexar and State of Texas, Avithin the cor- 
porate limits of the City of San Antonio, known as the Hugo & Schmeltzer 
property, formerly a part of the old Alamo Mission (and adjoining the Alamo 
Church' property,' now owned by the State), included within the following cor- 
rected field notes^ viz: 

Beginning at a stake set in the centre of the old, now abandoned Alamo 
Ditch, for the south-east corner of this tract and for the North-east corner of 
the tract heretofore sold to the State of Texas and known as the "Alamo," 
Thence N. 79.06' W. along the north boundary line of said "Alamo" tract, pass- 
ing its North-west corner, 202 8/10 feet to a stake set on the East side of 
Alamo plaza for the South-west corner of this survey. 

Thence N. 12 OOA E. along the East side of said Alamo plaza 191 6/10 feet to a 
stake set on the South side of Houston Street for the North-west corner of this 
survev; Thence along the South side of Houston Street S. 78 39' E. 181 7/10 
Feet 'and South 74 23*' E. 91. 1/10 feet to a stake set in the centre of said 
old abandoned "Alamo Ditch" for the North-east corner of this survey. 

Thence along the centre of said old abandoned Alamo ditch, S. 39 59A' W. 
140 feet and south 14.53*' W. 61 1/10 feet to the place of beginning. 

Said tract of land being bounded on the North by Houston Street, on the 
East by Alamo Ditch, on the South by the Alamo Church Property, and Alamo 
Plaza, and on the West by Alamo Plaza. 

Section 2 — That the rule requiring this ordinance to be read at three regular 
meeting of the City Council, be and the same is hereby suspended, and said 
ordinance under suspension of the rules be read three several times, and finally 
passed and approved at this meeting of the City Council, and be in force from 
and after its passage. 

Passed and approved the 14th day of August, A. D. 1905. 

BRYAN CALLAGHAN, 

Attest : Mavor. 

FRANK CASSICINO, 

City Clerk. 



—89— 

(Copy) 

Office of the City ClQrk, 

San Antonio, Texas, Aug. 23, 105. 

I, Franlv Cassiano, City Clerk of the City of San Antonio, do hereby certify 
that tlic above and foregoing is a true and correct copy of an ordinance passed 
and approved by the City Council of the City of San Antonio, on tlie 14th day 
of August, 1905. 

Witness my hand and the seal of the City of San Antonio, this the 23rd day 
of August. 1905. 

(Signed) FRANK CASSIANO, 

(Copv) City Clerk. 

(Copy) 

RELEASE OF CONDITIONS IN OPTION OF AGREEMENT. 

THE STATE OF TEXAS, 
County of Bexar. 

Whereas, by instrument in writing of date March IStli, 1903, signed in trip- 
licate of which an original copy is hereto attaolied as part hereof, Clara Dris- 
coll made a proposal for the purchase of the property hereinafter desciibed and 
referred to, which was accepted and agreed to by us in the following terms: 

"We accept the foregoing proposition, however, only on condition that said 
property is to be purchased for the use and benefit of the Daughters of the 
Republic and to be used bj' them for the purpose of making a park about the 
Alamo, and we agree to convey said property, to such person or persons as may 
be designated by the Daughters of the Republic upon compliance of Miss Clara 
Driscoll of the terms and conditions contained in the foregoing proposition;" and 

Wliereas, thereafter the said propertj' hereinafter descriljed and referred to, 
was by Hugo and Sehmeltzer Company, a corporation, conveyed to (has. Hugo 
by deed dated September 2Gth, 1903, "of record in Book 223, page 200 of the 
Deed Records of Bexar County, Texas, to which deed and its record reference 
is made, which deed w^as expressly stated to have Ijeen made subject to the option 
to purchase said property given by us to Miss Clara Driscoll, on ^larcli 18th, 
1903, as alx)ve stated, wiiich said option was in said deed referred to and made 
a part thereof; and 

Whereas by deed dated Feby. 10th, 1904, of record in Book 223, page 261 
to which reference is hereby made, the said Chas. Hugo conveyed to the said 
Clara Driscoll the said property hereinafter described and referred to in com- 
pliance with the said option in favor of the said Clara Driscoll, in which deed 
there is expressed the following condition: 

"It is distinctly understood and agreed that this property is puix-hased by 
Clara Dri?coll for the use and benefit of the Daughters of tlie ilepublic of 
Texas and is to be used by them for the purpose of making a park about the 
Alamo and for no other purpose whatever;" and 

Whereas, the Daughters of the Republic of Texas, Ix'ing unable to complete 
said purchase out of their own resources, sought to procure the purchase of 
said property by the State of Texas, and at the special instance and request of 
said Society, and of the said Clara Driscoll. the 29th. Legislature of the State 
of Texas, passed an act autliorizing the Governor of the State of Texas to 
purchase said property and pay the purchase price therefor, upon receipt of 
a fee simple title to the satisfaction of the Attorney General ; and 

Whereas, the Attorney General requires, l)efore he will approve the said 
title for the purchase by the State of Texas, that the conditions contained 
and expressed in said option agreement, of whicli an original copy is hereto at- 
tached, and in said deeds from the Hugo and Schmelt/er Company to Charles 
Hugo, and of Charles Hugo to Clara Driscoll. shall be by us released and can- 
celled, and the Daughters of the Republic of Texas, and Miss Driscoll have 
requested the release by us of the said conditions: 

Now, therefore, Know All ilen by These Presents, that for and in considera- 
tion of the premises, and in consideration of the purchase by the State of 
Texas from Sliss Clara Driscoll of the property hereinafter further described, 
and for the sum of $1.00 cash to us in hand paid, by the said Clara Driscoll, 
we Charles Hugo and Gustav Sehmeltzer and George Heuermann and Lina 



—90— 

Heiiermann, in our capacity as independent executors of the estate of William 
Heuerniann deceased, do hereby release, relinquish, and assign to the said Clara 
DriscoU her heirs and assigns, all and singular that certain tract or parcel 
of land lying and being situate in the county of Bexar, State of Texas, and 
within the corporate limits of the City of San Antonio, bounded on the North 
l)y Houston Street, on the East by the Alamo ditch, on the South by the Alamo 
and Alamo Plaza, and on the West by the Alamo Plaza, being the same property 
described in said option, a copy <jf which is hereto attached, and in the deeds 
from Hugo & Schmeltzer Company to Charles Hugo, and from Charles Hugo 
to Clara Driscoll, to which deeds and their respective records as herein before 
set forth, reference is liereby made in aid of this description. 

To Have and to Hold all and singular said property, together with all and 
singular the rights and appurtenances thereunto, belonging, unto the said Clara 
Driscoll, her heirs and assigns forever, free of any claim by, through, or under 
us or any of us, save and except, however, the claim of me, Charles Hugo for 
the unpaid purchase money therefor Avhicli is secured by a vendor's lieu re- 
tained in my deed to the said Clara Driscoll, which said vendor's lien is hereby 
intended to and shall continue in full force and effect until the payment of 
the purchase money which it secures, anything in this instrument to the con- 
trary not-with-standing. 

The purpose of this conveyance is to cancel, release, and in every respect 
discharge and amiul the conditions expressed and reserved in said option agree- 
ment and in said several deeds above referred to, and the said conditions, and 
each of them, hereby are declared to be fully released, relinquished, discharged 
and annuled, to the end that tlie said Clara Driscoll may have and convey 
to the State of Texas an absolute title in fee simple to the said property as 
fully to all intents and purposes, as she could have done if said conditions had 
never been expressed or reserved in said option agreement or in said deeds. 

Witness our hands this the 21st dav of August, 1905. 

GEORGE HEUERIMANN 
LINA HEUERMANN 
Independent Executors of the of W^m. Heuerniann, Deceased. 

CHAS. HUGO 
THE STATE OF TEXAS, G. SCHMELTZER. 

County of Bexar. 

Before me, tlie undersigned authority, a Notary Public in and for Bexar 
Oounty, Texas, on this day personally appeared George Heuerniann and Lina 
Heuerniann, in their capacity as independent executors of the estate of William 
Heuerniann, deceased, and Gustav Schmeltzer, all known to nie to be the per- 
sons whose names are subscribed to the foregoing instrument, and severally 
acknowledged to me that they executed the same for the purposes and consider- 
ation and in the respective capacities therein expressed. 

Given under my hand and seal of office this the 25th day of August 1905. 

CHAS'. DEUSSEN 
Notarv Public in and for Bexar Countv, Texas. 
STATE OF NEW^ YORK 

Countv of Erie S S 

City of Buffalo 

Before me, the undersigned authority, on this day personally appeared Cliarles 
Hugo, known to me to be the person whose name is subscribed to the foregoing 
instrument, and acknowledged that he executed the same for the purposes and 
consideration therein expressed. 

Given under mv hand and seal of office this 21st dav of August A. D. 1905. 

G. MEADWAY, 
Notary Public in and for Erie County, State of New York. 

IN TRIPLICATE San Antonio, Texas, March 18, 1903. 

Messrs. Hugo & Schmeltzer, City. 
Gentlemen — 

I will give you five hundred dollars for an option for thirty days upon the 
Hugo & Schmeltzer property fronting on the South side of Alamo Plaza about 



—91— 

two hundred feet and running back for depth parallel with Houston Street 
about two hundred and eighty.-seven feet, in the city of San Antonio, Bexar 
County, Texas, with the understanding that this sura shall be forfeited to you 
if I fail to pav to vou within said thirty days the additional sum of forty- 
five hundred dollars. " If I pay to you the additional sum of forty-five hundred 
dollars within said time, I am"^to have a further option until February 10, 1904, 
to purchase said property at seventy-five thousand dollars, upon the following 
terms : 

A cash payment of twenty-five thousand dollars, or twenty thousand dollars 
in addition to the five thousand dollars previously paid under this contract, 
and the balance of fifty thousand dollars payable annually in installments of 
ten thousand dollars each ; the deferred payments to bear interest at the rate 
of six per cent, per annum from the date of your deed conveying said property, 
and to be secured by a vendor's lien on said property; or in the event I do not 
buy the property on or before February 10, 1904, the cash previously paid you 
under this contract shall be forfeited to you and this option shall lapse. 

Tt is understood and agreed that you are not to deliver possession of said 
property if the same is purchased by me until six months after the date of 
your deed conveying the same to me, and that you are to have possession of 
this property free of any rent during said six months; and it is further under- 
stood and agreed that this property is to be purchased for the use and benefit 
of ihe Daughters of the Republic of Texas and is to be used by them for the 
puri)ose of making a park about the Alamo, and for no other purpose whatever. 

Yours trulv. 

CLARA DRISCOLL. 

We accept the foregoing proposition, however, only on condition that said 
property is to be purchased for the use and benefit of the Daughters of the 
Republic and to be used by them for the purpose of making a park about the 
Alamo, and we agree to "convey said property to such person or persons as 
may be designated" by the Daughters of the Republic upon compliance by Miss 
Clara- Driscoll of the terms and conditions contained in the foregoing propo- 
sition. 

G. SCHMELTZER. 
GEO. HEUERMANN and 
LINA HEUERMANN 
Executors of Estate of Wm. Heuermann, Deceased. 
CHAS. HUGO. . 

Received on this contract the sum of five thousand and no 100 April 17, 1903. 

HUGO SCHMELTZER. 
THE STATE OF TEXAS, 
County of Bexar. 

I, Frank R. Xewton, County Clerk of said County, do hereby certify that the 
foregoing instrument with its certificate of authentication was filed for record 
in my office on the 1st dav of Sept. A. D. 1905, at 10:40 o'clock A. M. and duly 
recorded on the 7th day o"f Sept. A. D. 1905, at 2:45 o'clock P. M. in the records 
of deeds of said County, in book volume 238, on pages 303-3(i6. 

In testimony whereof, witness my hand and official seal, at office, this 7th day 
of Sept. A. d! 1905. 

FRANK R. NEWTON, 
County Clerk, Bexar Co., Texas. 
By August E. Huppertz, Deputy. 

RELEASE— THE DAUGHTERS OF THE REPUBLIC OF TEXAS TO THE 

STATE OF TEXAS. 
THE STATE OF TEXAS, 
County of Harris. 

Know All Men by These Presents: That whereas the Daughters of the Repvib- 
lic of Texas, a Corporation duly incorporated under the laws of the State 
of Texas foi' the patriotic purpose" of acquiring historic ground and perpetuating 
the memory and spirit of the men and women who achieved and maintained 
the independence of Texas and cherishing and preserving the unity of Texas, 
have, by paying ten thousand dollars, cash, which amount was furnished and 



—92— 

dedicated to the purpose by the Daughters of the Republic of Texas, secured 
an option on the hereinafter described land and preserved it for the State at 
the price of Seventy-five Thousand Dollars; And whereas the State of Texas, 
by Legislative Act, has accepted the land and appropriated Sixty-five Thousand 
Dollars, the balance of the purchase price, for that purpose, and conveyances 
of the land are to be made vesting a good title thereto in the State of Texas; 
And whereas Miss Clara Driscoll, of Bexar County, in aid of the efforts of 
the said Daughters of the Republic and to secure the land, advanced and 
paid a large amount and took a deed of conveyance reciting that she held 
same for the Daughters of the Republic of Texas ; And whereas, at a regular 
meeting of the Board of Directors of said Corporation, The Daughters of the 
Republic of Texas (called the Executive Committee) regularly convened in the 
City of Houston, in Harris County, Texas, on March 22nd, 1905, a quorum 
being present, the following resolution was duly offered, seconded and, by unani- 
mous vote, duly adopted: "Resolved: That the Chairmen of the Executive 
Committee of the Daughters of the Republic of Texas and the Secretary of 
said Executive Committee, in co-operation of the with the President and Sec- 
retary of the General Association of the Daughters of the Republic, be author- 
ized, required and directed to execute, under the seal of the Daughters of 
the Republic of Texas, complete deed of release to the State of Texas a 
full and complete deed of release to the State of Texas, divesting the rights, 
claim and interests of any and every kind which the Daughters of the 
Republic of Texas have and hold in and to that certain tract or parcel of land 
in Bexar County, Texas ( description same as hereinafter set out ) . But, in 
such release, specially except from same the rights of Miss Clara Driscoll who 
holds the title as recited in trust for the Daughters of the Republic of Texas, 
but in fact Miss Driscoll has individually advanced and paid out her own money 
a large amount on the purchase of said land and the release and conveyance by 
the Daughters of the Republic of Texas is intended, in no sense, as interfering 
with the rights of Miss Driscoll." 

Therefore, the Daughters of the Republic of Texas, acting by and through its 
officers, for and in consideration of the matters aforesaid, and in consideration 
of One ( 1 ) Dollar to is paid by the State of Texas, receipt of which is hereby 
acknowledged, have this day granted and released and do by these presents grant 
and release to the State of Texas, all the rights, trusts, claims and title of 
every kind which the Daughters of the Republic of Texas have and hold in 
and to that certain tract or parcel of land in Bexar County, Texas described 
as follows: 

The Hugo & Schmeltzer property adjoining the Alamo Church property now 
owned by the State. Beginning at a stake set in the AVest bank of the Alamo 
ditch, being the South East corner of this tract and the North East corner of 
the tract, heretofore sold the State of Texas; 

Thence North 79J West, two hundred (200) feet and two and two-fifths 
(2 2/5) inches. 

Thence North 11", 33' East, One hundred and ninetv-one and fifty-two one- 
hundred (191.52) feet; 

Thence South 79° 1 East, two hundred and seventv-two and twenty-two one- 
hundreds (272.22) feet: 

Thence with the meanders of said ditch to the place of beginning. 

Bounded on the North by Houston Street, on the East by the Alamo ditch, 
on the South by the Alamo and Alamo Plaza, and on the West by Alamo plaza. 

To Have and to Hold unto the State of Texas the said above described land, 
together with all the rights of the Daughters of the Republic of Texas afore 
said. But, by this instrument, it is not intended to, in any way interfere Avith 
Miss Clara Driscoll's rights, individually, nor to free said land from just claims 
in favor of Miss Driscoll for advances made by her: but such rights must be 
granted by her. 

In witness whereof, the Daughters of the Republic of Texas has caused this 
instrument to be subscribed by Mrs. Anson Jones, its General President and Mrs. 
IMaggie G. Milby, its General Secretary, and Mrs. Marie B. Urwitz its Chairmen 
of Executive Committee and Mrs. Cornelia B. Stone, its Secretary of the Execu- 



—Da- 
tive Committee, and the Corporate seal to be hereto allixed. at Houston Texas 
this 23rd. day of March, 1905. 

(Signed) MRS. MARY JONES 

President of the Daughters of the Republic of Texas. 
MACGIE G. MILBY 
Secretary of the Daughter of the Republic of Texas. 
MARIE BEXXET URWITZ 
Cliairman of (lie Executive Committee of the Daughters of the Republic of Texas. 

CORNELIA BRANCH STONE 
Secretary of the Executive Committee of the Daughters of the Republic of Texas. 

THE STATE OP TEXAS, 
County of Harris. 

Before me, the undersigned X^otary Public in and for said County and State, 
on this daj^ personally appeared Mrs. Mary Anson Jones, Mrs. Maggie G. Milby, 
and Mrs. Marie B. Urwitz, known to me to be the persons whose names are 
subscribed to the foregoing instrument and, severally, acknowledged that they 
had executed the same for the purposes and consideration therein expressed, 
and in the capacity therein stated, as Officers of the Daughters of the Republic 
of Texas. 

Witness my liand and seal of office, this the 23rd., day of March, 1905. 

JOHN I. BROCKMAN 
Notary Public, Harris County, Texas. 
STATE OF TEXAS, 
County of Galveston. 

Before mt\ the undersigned Notary Public in and for said County and State 
Cornelia B. Stone, known to me to be the person whose name is subscribed to 
the foregoing instrument and acknowledged to me that she had executed the 
same for the purposes and consideration therein expressed, and in the capacity 
therein stated, as an officer of the Daughters of the Republic of Texas. 
Witness mv hand seal of office, this 24th day of March, 1905. 

CLAY S. BRIGGS 
Notary Public, Galveston County, Texas. 

RELEASE— THE DAUGHTERS OF THE REPUBLIC OF TEXAS TO CLARA 

DRISCOLL. 
STATE OF TEXAS, 
County of Harris. 

Know All Men by These Presents: Tliat the Daughters of the Republic 
of Texas, a corporation by and under the laws of the State of Texas, for 
and in consideration of the purchase of the property hereinafter described 
from Clara Driscoll by the State -of Texas, at the special instance and 
request of the said The Daughters of the Republic of Texas, have released, re- 
linnuished, conveyed and quit-claimed, and by these presents do release, relin- 
quisli. convey and quit-claim unto the State of Texas all that certain tract or 
parcel of land situated in Bexar County, Texas, within the corporate limits of 
the City of San Antonio, described as follows, to-wit: 

Bounded on the North by Houston Street, on the East by the Alamo Ditch. 
on the South by the Alamo and by Alamo Plaza, and on the West by Alamo 
Pla/a. and being the same property conveyed to Honore Grenet, now deceased. 
l)y Anthony Dominic Pellicer and W. H. Maverick by two several deeded 
recorded in the deed records of Bexar County, Texas, in Vol. 7, page 373, and 
Vol. 5, page 538, respectively: and by Geo. H. Kalteyer, administrator, of the 
estate of Honore Grenet, Dec'd, to Hugo & Schmeltzer. by deed dated Jan. 23, 
ISSfi, of record in Vol. 48, page 50. of the records of said County; and by Chas. 
Hugo to Clara Driscoll by deed dated Feb. 10, 1904, of record in the deed records 
of said Bexar County, in Book 223, page 261, to all of which deeds and their 
records as aforesaid, reference is hereby made for further and more particular 
description. 

To Have and to Hold all and singular the said juoperty above described unto 
the State of Texas foi-ever. 

In Testimony Wliereof IMrs. Anson -Tones, the President, and Mrs. Mao-aie G. 



—94— 

Milby, the Secretary, of tlie said The Daughters of the Republic of Texas, have 
made and executed these presents under the corporate seal and in the name 
of The Daughters of the Republic of Texas, being thereunto duly authorized 
by a resolution adopted by the Executive Committee of said corporation at a 
meeting held on April 19, 1905, and a Resolution confirmatory thereof, adopted 
by the members of the said The Daughters of the Republic of Texas, on April 
20th, 1905, an attested copy of each of said Resolutions, marked respectively 
"Exhibit A" and "B," being hereto attaclied as a part of this conveyance. 
Signed at Houston, Texas, this the 3rd dav of August, 1905. 

THE DAUGHTERS OF^THE REPUBLIC OF TEXAS 

By Mrs. Anson Jones, 

President, 
and ^trs. Kaggie G. Milby, 
(Seal) Secretary. 

■ I ■ ^ . ; 

STATE OF TEXAS, 
County of Harris. 

Before me, tlie undersigned, a Notary Public in and for Harris County, Texas, 
on this day pesonally appeared Mrs. Anson Jones and Mrs. Mfeggie G. Milby, 
President and Secretary of The Daughters of the Republic of Texas, both knovi^n 
to me to be the persons whose names are subscribed to the foregoing instru- 
ment and severally acknowledged to me that they executed the same for the 
purpose and consideration and in the capacity therein set forth, and each of 
them declared the same to bo the act and deed of The Daughters of the Republic 
of Texas. 

Given under mv hand and seal of office at Houston on this the 3rd day of 
August, 1905. 

(Signed) E. L. GUY, 

(Seal) Notary Public, Harris County, Texas. 

Exhibit "A." 

RESOLUTION ADOPTED BY THE EXECUTIVE COMMITTEE OF DAUGH- 
TERS OF THE REPUBLIC OF TEXAS, AT A MEETING REGULARLY 
CALLED AND HELD IN THE CITY OF LA GRANGE, TEXAS, 
WEDNESDAY, APRIL 19TH, 1905. 

Whereas, The Daughters of the Republic of Texas, in the furtherance of 
the purposes of the Society, to preserve for the State of Texas the property 
hereinafter described, a part of the old Alamo INIission in San Antonio, Texas, 
solicited public subscriptions for the purchase of said property and procured, 
through and with the assistance of Miss Clara DriscoU, an option from the 
owners thereof for the purchase of said property; and 

Whereas, Being unable to secure sufficient funds to consummate the pur- 
chase the Society sought to procure the purchase of said property by the State 
of Texas, and to preserve, in the meantime, the right of purchase granted by 
said option secured a conveyance thereof to Miss Clara Driscoll for a considera- 
tion of $75,000. of which $25,000. was paid in cash, (the Society, out of funds 
subscribed for the purpose, contributing $6,687.98 and Miss Driscoll paying the 
remainder), and for the balance Miss Driscoll executed and delivered her five 
notes of $10,000. each, described in said deed, hereinafter referred to, of which 
the first maturing, and accrued interest on all, have been paid, (the Society con- 
tributing $3,344.19 and Miss Driscoll paying the balance) ; and 

Whereas, In the deed of Charles Hugo conveying said property to Miss 
Driscoll, (which bears date of February 15. 1904, and is -of record in the deed 
records of Bexar County in vol. 223 page 261 et seq. and is hereby referred to) 
there is contained and expressed the following condition : 

"It is distinctly understood and agreed that this property is purchased by 
Clara Driscoll for the use and benefit of the Daughters of the Republic of Texas, 
and is to be used by them for the purpose of making a park about the Alamo, 
and for no other purpose whatever:" and 

AVhereas, At the special instance and request of this Society, the 29th Legis- 
lature of the State of Texas passed an act, authorizing the Governor to purchase 
said property for the sum of not exceeding $05,000. (the diflference between the 



—95— 

purchase price as contracted for by this Society and the amount i)aid tlicrcon 
by the Society) which act requires that there shall be conveyed to the State 
of Texas a good title in fee simple, to the approval of the Attorney General, 
and Section 3 thereof provides as follows: 

Sec. 3. Upon the receipt of the title to said land, the Governor siiall deliver 
tlie property thus acquired, together witli the Alamo Church jjroperty already 
(pwned by the State, to the custody and care of the Daughters (if tlie liepulilic of 
Texas, to be maintained by them in good order and repaii', without cliarge to 
the State, as a sacred memorial to the heroes who immolated themselves upon 
that hallowed gi'ound ; and by the Daughters of tiie Republic of Texas to bo 
maintained or remodeled ujion plans adopted by the Daughters of the Ivcpubiic 
of Texas, and approved by the Governor of Texas; provided that no changes or 
alterations shall be made in the Alamo Church proper, as it now stands, except 
such as are absolutely necessary for its preservation — all of said property being 
subject to future legislation by the Legislature of the State of Texas; and 

\\ hereas, the Attorney General has decided that to vest in the State of 
Texas a fee simple title to said property it is necessary that this Society siiall 
release, relinquish, convey and quit-claim any and all right, title, interest and 
claim, legal or equitable, which it has in or to said property, whether by or 
under said deed to Miss Clara Driscoll, or by reason of the aforesaid payment 
on account of the purchase price, or otherwise; .and 

Whereas, The purpose of this Society will be accomplished by the purchase 
of said property by the State of Texas and it is the desire of the Society that 
said sale shall be consummated and thit the requirements of said act and of 
the Attorney General shall in all respects be complied with : therefore 

Be It Resolved, by the Executive Committee of the Daughters of the Republic 
of TexaSj that the President 'and Secretary of this corporation be and they are 
hereby authorized, empowered and directed, in consideration of the premises, 
to make, execute and deliver, under the corporate seal and in the name of the 
Daughters of the Republic of Texas, such instrument of writing as the Attorney 
General of Texas nvAV require for the purpose of releasing, relinquisliing, con- 
veying and quit claiming to Clara Driscoll or to the State of Texas, as the 
Attorney General may elect, any and all right, title and interest and claim 
of whatsoever nature, legal or equitable, and howsoever arising or created, 
which tliC Daugliteis of the Republic of Texas have or may have, in and to the 
following described property, to-vvit: 

Bounded on the North by Houston Street, on the East by the Alamo Ditch, 
on the South by the Alamo and by Alamo Plaza, and on the West by Alamo 
Plaza, and being tlie same property conveyed to Honore Grenet, now deceased, by 
Anthony Dominic Pellicer and W. H. ^laverick by two several deeds recorded in 
the deed records of Bexar County, Texas, in Vol. 7 page 373 and Vol. 5, page 538, 
respectively ; and by Geo. H. Halteyer, Admr. of the estate of Honore Grenet, 
deceased, to Hugh & Schmeltzer by deed dated .January 23, 188G, "of record in 
Vol. 48, page 50, of the records of said County; and by Charles Hugo to Clara 
Driscoll bv deed dated Febriuiry 10, 1004, of record in the deed records of 
said Bexar County, in Book 223 page 261, to all of which deeds and their 
records as aforesaid reference is liereby made for further and more particular 
description. 

Said conveyance is to be made in consideration of the purchase of said 
property by the State of Texas at the special instance and request of the Daugh- 
ters of the Republic of Texas and a certified copy of this resolution shall be 
attached thereto as a part of said conveyance. 

Galveston, Texas, April , 1905. 

I, Cornelia Branch Stone, Secretary of the Executive Committee of the Daugh- 
ters of the Republic of Texas, do hereby certify that the above and foregoing 
is a true and correct copv of a resolution adopted by the Executive Committee 
of said Society on the 19th day of April. 1905, at a meeting thereof regularly 
called and held in LaGrange, Texas, as the same appears of record in the 
minutes of said Executive Committee in Book 2, pages 35-40. 

To certify which I hereto sign my name officially and cause affix the seal 
of said Societv, this 21st dav of April, 1905. 

(Signed) CORNELIA BRANCH STONE, 

(Seal) Secretary Executive Committee Daughters of Republic of Texas. 



—96— 

THE STATE OF TEXAS, 
County of Fayette. 

Before me H. C. Ledbettei-j J. P. and ex-officio Notary Pn)3lic in and for 
said County and State, on this day personally appeared Cornelia Branch Stone, 
a feme sole, known to me to be the person whose name is subscribed to the 
foregoing instrument, and acknowledged to me that she executed the same for 
tlie jjurjjoses and consideration therein expressed. 

Given under my hand and seal of office, this 21st day of April, 1905. 

(Signed) H.'C. LEDBETTER, 

( Seal ) J. P. and Ex-officio Notary Public, Faj'ette County, Texas. 

Exhibit B. 

RESOLUTION ADOPTED BY THE MEMBERS OF THE DAUGHTERS OF 

THE REPUBLIC OF TEXAS AT THE ANNUAL MEETING HELD IN 

LA GRANGE, TEXAS, ON APRIL 20TH, 1905. 

Whereas, the Executive Committee of the Daughters of the Republic of Texas, 
at the meeting held in La Grange, Texas, on April 19th, 1905, adopted and passed 
the following 

RESOLUTION: 

"Whereas, the Daughters of the Republic of Texas, in the furtherance of the 
purposes of the (Society, to preserve for the State of Texas the property here- 
inafter described, a part of the old Alamo Mission in San Antonio, Texas, 
solicited public subscriptions for the purchase of said property and procured, 
through and with the assistance of Miss Clara Driscoll, an option from the 
owners thereof for the purchase of said property; and 

"Whereas, being unable to secure sufficient funds to consummate the pur- 
chase the Society sought to procure the purchase of said property by the State 
of Texas, and to preserve, in the mean time, the right of purchase granted by 
said option secured a conveyance thereof to Miss Clara Driscoll for a considera- 
tion of $75,000. of which $25,000 was paid in cash, (the Society, out of funds 
subscribed for the purchase, contributing $6,687.98 and Miss Driscoll paying 
the remainder), and for the balance jMiss Driscoll executed and delivered her 
five notes for $10,000 each, described in said deed, hereinafter referred to, of 
which the first maturing, and accrued interest on all, have been paid, (the 
Society contributing $3,344.19 and Miss Driscoll paying the balance): and 

"Whereas, in the deed of Charles Hugo conveying said property to Miss Dris- 
coll, (which bears date of Feby. 15th 1904, and is of record in the deed records 
of Bexar County in Vol. 223 page 261 et seq and is hereby referred to) there 
is contained and expressed the following condition : 

"It is distinctly understood and agreed that this property is purchased by 
Clara Driscoll for the use and benefit of the Daughters of the Republic of 
Texas, and is to be used by them for the purpose of making a park about the 
Alamo and for no other purpose whatever ; and 

"Whereas, at the special instance and request of this Society, the 29th Legis- 
lature of the State of Texas passed an act, authorizing the Governor to pur- 
chase said property for the sum of not exceeding $65,000 (the diflference between 
the purchase price as contracted for by this Society and the amount paid tliere- 
on by the Society) which act requires that there shall be conveyed to the State 
of Texas a good title in fee simple, to the approval of the Attorney General 
and, in Section 3 thereof, provides as follows: 

"Sec. 3. Upon the receipt of the title to said land, the Governor shall deliver 
the property thus acquired, together with the Alamo Church property already 
owned by the State, to the custody and care of the Daughters of the Repiiblic 
of Texas, to be maintained by them in good order and repair, without charge 
to the State, as a sacred memorial to the heroes who immolated themselves 
upon that hallowed ground ; and by the Daughters of the Republic of Texas 
to be maintained or remodeled upon plans adopted by the Daughters of the 
Republic of Texas, and approved by the Governor of Texas; provided that no 
changes or alterations shall be made in the Alamo Church ]n-oper, as it now 
stands; except such as are absolutely necessary for its preservation all of said 
property being subject to future legislation by the Legislature of the -State of 
Texas; and 



—97— 

"Whereas, the Attorney General has decided that to vest in the State of 
Texas a fee simple title to said property it is necessary that this Society shall 
release, relinquish, convey and quit claim any and all right, title, interest and 
claim, legal or equitable, which it has in or to said property wliether by or under 
said deed to Miss Clara Driscoll, or by reason of the aforesaid payment on 
account of the purchase price, or otherwise; and 

"Whereas, the purpose of this Society will be accomplished by the purchase of 
said property by the State of Texas and it is the desire of the Society that 
said sale shall be consummated and that the requirements of said act and of the 
Attorney General shall in all respects be complied with; therefore 

"Be It Resolved by the Executive Committee of the Daughters of the Repub- 
lic of Texas, that the President and Secretary of this corporation be and they 
are hereby authorized, empowered and directed in consideration of the premises, 
to make, execute and deliver, under the corporate seal and in the name of the 
Daughters of the Republic of Texas, such instrument of writing as the Attorney 
General of Texas may require for the purpose of releasing, relinquishing, con- 
veying and quit claiming to Clara Driscoll or to the State of Texas, as the 
Attorney General may elect, any and all right, title, interest and claim of 
whatsoever nature, legal or equitable, and howsoever arising or created, which 
the Daughters of the Republic of Texas have or may have, in and to the fol- 
loAving described property — to wit; 

"All that certain tract or parcel of land situated in Bexar County, Texas, 
within the corporate limits of the City of San Antonio, described as follows 
to-wit 

"Bounded on the North by Houston Street, on the east by the Alamo Ditch, 
on the south by the Alamo and by the Alamo Plaza on the West by Alamo 
Plaza, and being the same property conveyed to Honore Grenet, now deceased, 
by Anthony Dominic Pellicer and W. H. Maverick by two several deeds recorded 
in the deed records of Bexar County, Texas, in Vol. 7 page 373 and Vol. 5 page 
538, respectiA-ely aad by Geo. H. Kalteyer, Admr. of the estate of Honore 
Grenet. dec'd to Hugo & Schmeltzer by deed dated Jan. 23, 1886 of record in 
Vol. 48 page 50 of the records of said county; and by Charles Hugo to Clara 
Driscoll by deed dated Feb. 10 1904, of record in the deed records of said 
Bexar County in Book 223 page 261, to all of which deeds and their records 
as aforesaid reference is heieby made for further and more particular 
description. 

"Said conveyance is to be made in consideration of the purchase of said 
property by the State of Texas at the special instance and request of the 
Daughters of the Republic of Texas and a certified copy of this resolution shall 
be attached thereto as a part of said conveyance," and 

Whereas, the Society is unable to consummate the purchase of the property 
described in said resolution and the act of the Legislature referred to therein 
was passed at the instance and request of this Society and the purchase of said 
property by the State of Texas will accomplish the purpose of the Society with 
respect thereto, and it is the desire and to the interest of the Daughters of 
the Republic of Texas that the requiremnts of said act and of the Attorney 
General of Texas be complied with and said property be purchased by the State 
of Texas; therefore 

Be It Resolved by the members of the Daughters of the Republic of Texas, 
in regular meeting assembled, that tlie said Resolution of the Executive Com- 
mittee of this Society be and the same hereby is in all respects ratified, ap- 
proved and confirmed and adojited as the act and resolution of the Daughters of 
Texas, and that the President and Secretary of this Society be and they are 
hereby authorized, empowered and directed, in the name of the Society and under 
its corporate seal, to make, execute jyid deliver the instrument of' writing as 
in said resolution referred to in for and manner for tlie purposes and considera- 
tion therein expressed. 

MRS. ANSON JONES. 

Pres. 
(MAGGIE G. MILBY 

I ^laggie G. Milby Secretary of the Daughters of the Republic of Texas, do 
hereby certify that the above and foregoing is a true and correct copv of a reso- 
lution adopted by the members of the Daughters of the Republic of Texas 



—98— 

at the annual meeting regularly called and held in the City of La Grange, 
Texas, on April 20th 1905, as the same appears of the record in the minutes 
of the Society in Book 14 page 43, 44, 45. 

To certify which I have hereunto signed my name officially and affix the 
seal of said Society this 25th day of April 1905. 

MAGGIE MILBY, 
Secretary of the Daughters of the Republic of Texas. 

Sworn to and subscribed before me by Maggie G. Milbv this 25th day of April 
A. D. 1905. 

NORMAN G. KETTRELL, JR. 
(Seal) Notary Public Harris Co. Texas. 

STATE OF TEXAS, 
County of Harris. 

Before me, Norman G. Kittrell Jr. A Notary Public in and for Harris County, 
Texas on this day personally appeared Mrs. Anson Jones and Mrs. Maggie G. 
Milby both known to me to be tlie persons whose names are subscribed to the 
above and foregoing resolution and both acknowledged to me that they exe- 
cuted the same as President and Secretary respectively of the Daughters of the 
Republic of Texas for the purposes and considerations therein expressed as the 
act of said corporation. 

Given under my hand and seal this the 25th day of April A. D. 1905. 

NORMAN G. KITTRELL JR. 
Notary Public Harris Countv Texas. 
THE STATE OE TEXAS, 
County of Bexar. 

I, Frank R. Newton, County Clerk of said County, do hereby certify that the 
foregoing instrument of writing with its certificate of authentication Avas filed 
for record in my office on the 1st day of Sept. A. D. 1905, at 10:40 o'clock A. M.. 
in the records of Deeds of said County, in book volume 238, on pages 306-372. 

In testimonv whereof, witness mv hand and official seal, at office this 8th day 
of Sept. A. D." 1905. ■ 

FRANK R. NEWTON, 
County Clerk, Bexar County, Texas. 
By August E. Huppertz, Deputy. 

AGREEMENT AS TO LOCATION OF ALAMO DITCH. 

THE STATE OF TEXAS, 
County of Bexar. 

This memorandum of an agreement between T. L. Conroy, H. B. Rice and E. G. 
Jones, Independent Executors of the Estate of Eliza Gallagher, deceased, and 
Clara Driscoll, all of Bexar County, Texas, witnesseth: That 

Whereas, the old Alamo Ditch is the dividing boundary line between the prop- 
erty known as the Hugo-Schmeltzer property now owned by Clara Driscoll and 
property owned by Eliza Gallagher, lying immediately East of the Hugo- 
Schmeltzer property; and 

Whereas, said Alamo Ditch has been filled up and the parties to this agreement 
desire to permanently establish the boundary line between them and have had 
said old ditch surveyed to ascertain its meanders ; 

Now, therefore, it is mutually agreed between the parties to this instrument 
as follows: 

Tliat the old Alamo Ditch is the common boundary line between the properties 
owned by them, respectively, and that said ditch is located upon the ground as 
follows: 

Beginning at a stake set on the South side of Houston Street for the N. W. 
corner of the Hugo-Schmeltzer property; thence along the South side of Houston 
Street South 78 degrees and 39 minutes East, 181 and 7/10 feet and continuing 
along the South side of said Houston Street South 74 degrees and 23 and 1/2 
minutes East, 91 and 1/10 feet to a stake set for the center of said old abandoned 
Alamo Ditch for the N. E. corner of the Hugo-Schmeltzer property and the N. W. 
corner of the Eliza Gallagher property; thence along the center of said old aban- 



—90— 

doned Alamo Ditch South 39 degrees and 59 and 1/2 minutes West 140 feet; 
thence South 14 degrees and 53 and 1/2 minutes West 61 and 1/10 feet to the 
S. E. corner of the Hugo-Schmeltzer property and the X. E. corner of a tract of 
land heretofore sold to the State of Texas known as the "Alamo." 
Witness our hands this the 5th day of August, A. D. 1905. 

T. L. CONROY. 
HUGH B. RICE. 
E. G. JONES, 
Independent Executors of the Estate of Eliza Gallagher, Deceased. 

CLARA DRISCOLL. 
THE STATE OF TEXAS, 
County of Bexar. 

Before me, the undersigned aiithority, on this day personally appeared T. L. 
Conroy and H. B. Rice, known to me to be the persons whose names are subscribed 
to the foregoing instrument, and each severally acknowledged to me that he exe- 
cuted the same for the purposes and consideration therein expressed and in the 
capacity therein set forth. 

Given under mv hand and seal of office, tliis 15th day of August, A. D. 1905. 

W. A. WURZBACH. 
THE STATE OF TEXAS, Notary Public in and for Bexar Co. Tex. 

County of Bexar. 

Before me, the undersigned authority, on this day personally appeared Clara 
Driscoll, a feme sole, known to me to be the person whose name is subscribed to 
the foregoing instrument, and acknowledged to me that she executed the same 
for the purposes and consideration therein expressed. 

Given under mv hand and Seal of office, this 23rd day of August, A. D. 1905. 

'GEO. HUNHESS, 
THE STATE OF TEXAS, Notary Public in and for Bexar Co. Texas. 

Bexar County. 

Before me, the undersigned authority, on this day personally appeared E. G. 
Jones, known to me to be the person whose name is subscribed to the foregoing 
instrument, and acknowledged to me that he executed the same for the purposes 
and consideration therein expressed as independent executor of the estate of Eliza 
Gallagher, deceased. 

Given under my hand and seal of office, this the 25th day of August A. D., 9105. 

GEO. HUNHESS, 
Notary Public in and for Bexar County, Tex. 
THE STATE OF TEXAS, 
County of Bexar. 

I, Frank R. Newton, County Clerk of said Comity, do hereby certify that the 
foregoing instrument of writing with its certificate of authentication was filed 
for record in my office on the 1st day of September, A. D. 1905, .at 10:40 o'clock 
a. m. and duly recorded on the 8th day of September, A. D. 1905, at 3 o'clock 
p. m. in the records of Deeds of said County, in book volume 238, on pages 
374-376. 

In testimony whereof, witness my hand and official seal, at office, this 8th day 
of September, A. D. 1905. 

FRANK R. NEWTON, 
County Clerk, Bexar Co.. Tex. 
By August E. Huppertz, Deputy. 
John D. Rullmann, CITY ENGINEER'S DEPARTMENT. 

City Engineer. San Antonio, Texas, July 20, 1905. 

FIELD NOTES OF "ALAMO" TRACT. 

Beginning at a stake set in tlie centre of the old, now abandoned Alamo Ditch, 
for tlie South-east corner of this tract and for north-east corner of the tract here- 
tofore sold to the State of Texas and known as "The Alamo." 

Thence E. 79 06' W. along the north boundary line of said "Alamo" tract 
passing its north-west corner, 202.8/10 feet to a stake set on the east side of 
Alamo Plaza for the south-west corner this survey. 

Thence N. 12 00 1/2' E. along the east side of "^said Alamo Plaza 191.6/10 feet 



—100— 

to a stake set on the south side of Houston Street for the north-west corner this 
survey. 

Thence along the south side of said Houston Street, S. 78 39' E. 181.7/10 feet 
and S. 74 23-1/2' E. 91.1/10 feet to a stake set in the centre of said old abandoned 
Alamo Ditch for the north-east corner this survey. 

Thence along the centre of said old abandoned Alamo Ditch, S. 39 59-1/2' W. 
140.0 feet and S. 14 53-1/2' W. 61.1/10 feet to the place of beginning. 

JOHN D. RUHLMANN, 

City Engineer. 

(Endorsed: Filed in the Office of the Secretary of State, this 4 day of Oct. 
1905. 0. K. Shannon, Secretary of State.) 

Whereas, on the 4th day of October, 1905, the Governor of Texas issued the 
following order: 

"THE STATE OF TEXAS, 
County of Travis. 

Whereas, by an Act of the 29th Legislature of the State of Texas, approved 
January 26th, 1905, Chapter 7 of the General Laws passed at the Regular Ses- 
sion, the Governor of the State of Texas was authorized to purchase, and procure 
to be executed to the State of Texas by the owners of the property hereinafter 
mentioned a good and sufficient conveyance in fee of all the land in the City of 
San Antonio, Texas, known as the Hugo & Schmeltzer Company property, for- 
merly a part of the old Alamo Mission and adjoining the Alamo Church property 
now owned by the State; beginning at a stake set on the West bank of the Alamo 
Ditch, being the South-east corner of this tract, and the north-east corner of the 
tract heretofore sold to the State of Texas, and known as the Alamo; thence 
north 79-1/3 degrees west, 200 feet and 2-2/5 inches; thence north 11' 33' east, 
191.52 feet; thence south 79-1/10 degrees east, 272.22 feet; thence with the mean- 
ders of said Ditch to the place of beginning: and bounded on the north by Houston 
Street, and on the east by the Alamo Ditch, and on the south by the Alamo and 
the Alamo Plaza, and on the west by the Alamo Plaza; and 

Whereas, pursuant to said Act, the said property above described was pur- 
chased and conveyance thereof in fee was made to the State of Texas by Miss 
Clara Driscoll by deed dated August 23, 1905, which is of record on pages 280 
et seq. of Volume 238 of the Deed Records of Bexar County, Texas, to which deed 
and its record aforesaid reference is hereby made for further particulars; 

Now, therefore, pursuant to and in compliance with Section 3 of said Act above 
referred to, I, S. W. T. Lanham in my capacity as Governor of the State of Texas, 
have delivered, and by these presents do hereby deliver to the custody and care 
of the Daughters of the Republic of Texas, a corporation under the laws of Texas, 
whereof Mrs. Anson Jones of Harris County, Texas, is President, the property 
thus acquired, which is hereinbefore described, and described in said deed above 
referred to, together with the Alamo Church property, already owned by the 
State, which was conveyed to the State of Texas by the Catholic Church of the 
Diocese of San Antonio in the State of Texas, by deed dated May 12th, 1883, 
which is of record in Book 31 on page 265 of the Deed Records of Bexar County, 
Texas, to which deed and its aforesaid record reference is hereby made for further 
particulars, to be maintained by them in good order and repair without charge 
to the State, as a sacred memorial to the heroes who immolated themselves upon 
that hallowed ground ; and by the Daughters of the Republic of Texas to main- 
tained or remodeled upon plans adopted by the Daughters of the Republic of 
Texas, and approved by the Governor of Texas ; provided that no changes or 
alterations shall be made in the Alamo Church proper, as it now stands, except 
such as are absolutely necessary for its preservation. All of said property being 
subject to future legislation by the I^egislature of the State of Texas. 

In testimony whereof, I, S. W. T. Lanham, Governor of the State of Texas, 
have caused the seal of the State to be hereunto affixed, and have signed these 
presents officially this the 4th day of October, 1905. 

(Signed) S. W. T. LANHAM, 

Attest : Governor. 

0. K. Shannon, 

Secretary of State. 



—101 — 

THE STATE OF TEXAS, 
County of Travis. 
Before me, the imdersigned, a Notary Public in and for Travis County, Texas, 
on this day personally appeared S. \y. T. Lanham, known to me to be the person 
whose name is subscribed to the foregoino; instrument, and acknowled,£red to me 
that he executed the same for the purpose and consideration and in the capacity 
therein expressed. 

Given under my hand and seal of office this the 4th day of October, 1905. 

(Signed) "N. A. CRAVENS, 

Notary Public in and for Travis County, Texas. 

Whereas, with the exception 'of a brief period of time, when the Daughters of 
tlic Pepublic of Texas were in dispute and having litigation between them- 
selves, they have been in custody of the Alamo property above referred to for 
more than six years; and 

Whereas, no effort was made by the Daughters of the Republic of Texas dur- 
ing that period of time to restore or otlierwise improve the Alamo property; 
and 

Whereas, by the language used in Section 3 of Chapter 7 of the General Laws 
passed at the Regular Session of the Twenty-ninth Legislature, no change or 
improvement on the Alamo property could be made except upon the approval 
of the Governor; and 

Whereas, after the lapse of six years the Daughters of the Republic of Texas 
made no attempt to restore or improve said property; and 

Whereas, said Section 3 of Chapter 7, Acts of the Twenty-ninth Legislature, 
provides that the Alamo property shall be subject to future legislation; and 

Whereas, the Thirty-second Legislature further legislated upon the subject, 
and enacted the following clause in the Appropriation Bill, to-wit: 

"For the improvement of the Alamo property, belonging to the State of Texas, 
ill the City of San Antonio, to be expended under the direction of the Superin- 
tendent of Public Building and Grounds, upon the approval of the Governor, 
$5000.00," and— 

Whereas, on account of previous controversies among the Daughters of the 
Republic, and their failure to improve or restore the Alamo; and 

Whereas, by Section 3, Chapter 7, Acts of the Twenty-ninth Legislature, the 
final coiitrol of the property is vested in the Governor, providing that no im- 
provements of changes shall be made in the Alamo, except with his approval, 
and the act of the Thirty-second Legislatvire above referred to, providing for 
the improvement of said property, under the direction of the Superintendent of 
Public Buildings and Grounds, subject to the control of the Governor, it was 
evidently intended to give the Superintendent of Public Buildings and Grounds 
the custodianship of said property, under control of the Governor, at lea-t Tin- 
(il such improvements and changes were made; 

Now. tlierefore, be it known that the legislation upon which the order of the 
GoveniMr issued on October 4th, 1905, was based, has been subjected to further 
legislation, and that the evident purpose and intention of the action of the 
Tliirty-secono Legislature was to. empower the Superintendent of Public Build- 
ings and Grounds, with the consent of the Governor, to proceed to improve or 
restore the Alamo, and that the order of the Governor issued October 4th. 1905, 
placing the custody of the Alamo in the hands of the Daughters the Republic of 
Texas is out of harmony \\ith legislation enacted sub^^eqm^nt to its i>^<uance: 

Now, therefore, be it known that the said order signed by the Governor issued 
on October 4, 1905, placing the Alamo in custody of the Daughters of the Re- 
publif of Texas is hereby cancelled and withdrawn, and the custody and care of 
the Alamo jiroperty is hereby withdrawTi from the Daughters of the Republic of 
Texas, and the Superintendent of Public Buildings and Grounds is hereby di- 
rected to take complete control of the Alamo, as other public property belonging 
to the State and property imder his care and jurisdiction, and the said Super- 
intendent of Public Buildings and Grounds is further directed to place a Texas 
flag on the ramparts of the Alamo and keep it displayed at all times. 

In testimony whereof, I, 0. B. Colquitt, Governor of the State of Texas, 
have caused and seal of the State to be hereunto affixed, and have signed these 
presents officially this the 4th day of March, 1912. 



Governor of Texas. 



—102— 

Resolved, by the Executive Committee of the Daughters of the Republic of 
Texas : 

We, as the governing body of the Daughters of the Republic of Texas, do 
hereby express our absolute confidence in the patriotic purposes and good sound 
judgment of Gov. O. B. Colquitt, in the attitude that he has assumed with ref- 
erence to the Alamo Mission propei'ty, and that we pledge him our hearty sup- 
port and co-operation in his efforts to preserve the proofs of history. 

Whereas, we feel perfect confidence in the outcome of his endeavor, for the 
preservation of this sacred shrine, dear to the hearts of all Texan?. We fur- 
ther rest in him the authority of having our relics returned to the Alamo. 

Respectfully submitted by the Ex. board of the Daughters of the Republic of 
Texas in session assembled Januarv 31, 1912 

'MRS. REBECCA J. FISHER 
President Daughters of the Republic of Texas 
MRS. J. :\loKEEVER JR. 
MRS. JO. B. DIBRELL 
MRS. JOSEPHINE GRESHAM 
MRS. C. H. MILBY 
S. F. ROACH 

EM]\IA KYLE BURLESON 
Secretary of the Daughters of the Republic of Texas. 

WARRANTY DEED— CLARA DRICOLL TO STATE OF TEXAS. 

THE STATE OF TEXAS, 
County of Bexar. 

Know all men by these presents. That I, Clara Driscoll of the County of 
Bexar and the State of Texas, for and in consideration of the sum of sixty-five 
thousand ($65,000) dollars to me in hand paid by the State of Texas. 

Have granted, sold and conveyed, and by these presents do grant sell convey 
unto the State of Texas all that certain tract or parcel of land situated in the 
City of San Antonio. Bexar County, Texas, described as follows: 

The Hugo & Schmeltzer Company property, formerly a part of the old Alamo 
Mission and adjoining the Alamo Church property now owned by the State, 
beginning at a stake set on the west bank of the Alamo Ditch, being the 
South-east corner of this tract, and the North-east corner of the tract hereto- 
fore sold to the State of Texas, and known as the Alamo; thence North 79-1/3 
degrees west, 200 feet and 2 2/5 inches; thence north 11 degrees, 33' east. 
191.52 feet; thence south 79.1 degree east. 272.22 feet; thence with the meanders 
of said Ditch to the place of beginning; and bounded on the north by Houston 
street, and on the east by the Alamo Ditch, and on the south by the Alamo 
and the Alamo Plaza, ancl on the west by the Alamo Plaza. 

Said property by receni survey upon the ground and hereby conveyance be- 
ing described by metes and bounds as follows: 

Beginning at a stake set in the center of the old and now abandoned Alamo 
Ditch for tlie South East corner of this tract and for the North East corner of 
this tract and for the NorthEast corner of the tract heretofore sold to the State 
of Texas and known as the Alamo: 

Thence N. 79 degrees 06. minutes W. along the north boundary line of said 
"Alamo" tract passing its North West corner 202.8/10 feet to a stake set on 
the east side of Alamo Plaza for the Southwest corner of this survey. 

Thence N. 12 degrees 00, 1/2 minutes E. along the East side of said Alamo 
Plaza 191.6/10 feet to a stake set on the South side of Houston Street for the 
North West corner of this survey. 

Thence along the South side of said Houston Street S. 78 degrees 39 minutes 
E. 181.7/10 feet and S. 74 degrees 23A minutes E. 91. 1/10 feet to a stake set 
in the center of said old abandoned Alamo Ditch for the North East corner of 
this survey; 

Thence along the center of said old abandoned Alamo Ditch S. 39 degrees 59^ 
minutes W. 140.0 feet and S. 14 degrees 53-?, minutes W. 61. 1/10 feet to the 
place of beginning. 

A portion of which propety was granted by the Republic of Texas to the 
Catholic Church by an Act of Congress approved January 18. 1841 ; 

And conveyed by the Catholic Church throvigh Anthony Dominic Pellicer, 



—1 OS- 
Bishop of San Antonio, to Honore Grenet by warranty deed dated Nov. 30, 
1877, recorded in Book 7. page of the Deed Records of Bexar County; 

And another portion of which was conveyed by Mariano Romano to Samuel 
A. Maverick by warranty deed dated July 27, 1841, recorded in Book A 2, page 
470 of the Deed Records of Bexar County, Texas. 

And by Mary A. Maverick for herself and as executrix of the estate of 
Samuel A. Maverick to Willie H. Maverick by warranty deed dated ]\Iay 31, 
1872, recorded in Book W, page 336, deed records of Bexar County. Texa--. 

And by Willie H. Maverick to Honore Crenet by warranty deed dated Jan- 
uary 25, 1878, and recorded in Book 5, page 538. 

And all of said property was conveyed by George H. Kalteyer as Adminis- 
trator of the Estate of Honore Grenet, deceased, to Charles Hugo, Gustav 
Schmeltzer and William H. Huermann by deed dated January 23, 1886, records 
in Book 48, page 50, of the deed records of Bexar County. 

And by Charles Hugo, Gustav Schmeltzer and William Huermann to Reagan 
Houston By deed date September 11 1890 and recorded in Book 65, page 361, 
of the deed records of Bexar County, Texas; 

And by Reagan Houston back to Charles Hugo, Gustav Schmeltzer and 
William Huermann by deed dated April 18, 1892 and recorded in Book 100, 
page 612 of the deed records of Bexar County; 

And conveyed by William Huermann, Gustav Schmeltzer and Charles Hugo to 
Hugo-Shcmeltzer Company by deed dated May 12, 1900, recorded in Book 223 
page 259, deed records of Bexar County Texas. 

And conveyed by Hugo-Sc-hmeltzer Company to Charles Hugo by deed dated 
September 26th, 1903 recorded in Book 223, page 260, deed records of Bexar 
County, Texas. 

And conveyed by Chnrles Hugo to Clara Driscoll, the grantor herein, by deed 
dated February 10th 1904, recorded in Book 223, page 261, deed records of 
Bexar County. 

To have and to hold the above described premises, together with all and 
singular the rights and appurtenances thereto in anywise belonging unto the 
State of Texas, its successors and assigns, forever. And I do hereby bind my- 
self, my heirs, executors and administrators, to warrant and forever defend, all 
and singular, the said premises unto the said State of Texas, its successosrs and 
assigns, against every person whomsoever laAvfully claiming or to claim the 
same, or any part thereof. 

Witness my hand, this the 23rd day of August, A. D. 1905. 

(Signed) CLARA DRISCOLL 

Signed and delivered in the presence of: 
C. DRISCOLL 
ED. HUNTRESS. 

THE STATE OF TEXAS, 
County of Bexar. 

Before me, the undersigned aiithority, on this day personally appeared Clara 
Driscoll, a feme sole, knpwn to me to be the person whose name is subscribed to 
the foregoing instrument, and acknowledged to me that she executed the same 
for the purposes and consideration therein expressed. 

Given under mv hand and Seal of Office, this 23rd. dav of August, A. D. 1905. 

(Si.^ied) ' GEO. HUNTRESS 

Notary Public in and for Bexar County. Texas. 
THE STATE OF TEXAS, 
County of Bexar. 

I, Frank R. Newton, County Clerk of said County, do hereby certify that the 
foregoing instrument of writing with its certificate of authentication was filed 
for record in my office on the 1st day of Sept. A. D. 1905 at 10:40 o'clock A. M. 
and duly recorded on the 9th day of Sept. A. D. 1905 at 5:15 o'clock P. 1\I. in 
the records of deeds of said County in book volume 238 on pages 380-382. 

FRANK R. NEWTON 
County Clerk Bexar County. Texas. 
By August E. Huppertz, Deputy. 



—104— 

AFFIDAVIT OF G. SCHMELTZER AS TO POSSESSION AND IMPROVE- 
MENTS LOT ON HOUSTON STREET, PART OF HUGO & 
SCHMELTZER PROPERTY. 

THE STATE OF TEXAS, 
County of Bexar. 

Before me, the undersigned authority, on this day personally appeared G. 
Schmeltzer. known to me, who being by nie duly sAvorn on oath, says: 

That by deed dated January 23rd, 1886, George H. Kalteyer, administrator, 
with a will annexed, of the Estate of H. Grenet, deceased, conveyed to Charles 
Hugo, Gustav Schmeltzer (affiant) and William Huermann, all and singular 
(among other property), the following described tract or parcel of land situ- 
ated within the corporate limits of the City of San Antonio, Bexar County, 
Texas, described as follows, to-wit: 

Commencing for the North West corner at a point on the South line of Hous- 
tn Street 53 far as (147-22/100 feet) South 78-3/4 East from the North West 
corner of the Alamo Block, the South East intersection of Alamo Plaza with 
Houston Street; Thence South 11 West 30-1/2 far as (84-27/100 feet) for 
South West corner; thence South 78-3/4 East 26-1/2 far as (73-1/2 feet) To 
A]a)no Ditch or South East corner; thence up said Ditch to Houston Street or 
North East corner; thence North 78-3/4 West 45 vrs. (125 feet) along Houston 
Street to the place of beginning. 

That at the time of said purchase, all of said property was under fence and 
had been in actual possession of said Honore Grenfet; 

That the improvements upon said property consisted of stables, which affiant 
understands, we built by the United States Government: That said property has 
continuously, since said time, been in possession of said Charles Hugo, Gustav 
Schmeltzer and William Heuermann, and Hugo & Schmeltzer Co., a private cor- 
poration, of which affiant is the president, and since said date, to-wit Jan. 23 
1886, said Hugo & Schmeltzer, a partnership consisting of the above named 
parties, and Hugo Schmeltzer Co., a private corporation have paid all taxes 
due thereon, and have ever since said time, been in peaceable possession of 
said property ; 

Affiant further stnes that from his own observation and from common knowl- 
edge, said property has been in possession and under fence from the year 1872 
up to and including the present time, which is the date of making this affidavit. 

And further affiant sayeth not. 

(Signed) G. SCHMELTZER. 

Sworn to and subscribed before me by G Schmeltzer, this the 1st dav of 
August, A. D. 1905. 

(Signed) W. A. WURZBACH 

Notary Public Bexar Countv, Texas. 
THE STATE OF TEXAS, 
County of Bexar. 

Before me W. A. Wurzbach a notary public in and for Bexar County, Texas, 
on this day personally appeared to the foregoing instrument, and acknowledged 
to me that he executed the same for the purposes and consideration therein 
expressed. 

Given under my hand and seal of office this 1st. day of August A. D. 1905. 

W. A. WURZBACH . 
Notary Public Bexar County, Texas. 

AFFIDAVIT OF W. H. MAVERICK AS TO POSSESSION AND IMPROVE- 
MENTS LOTS ON HOUSTON STREET. 

THE STATE OF TEXAS, 
County of Bexar. 

Before me, the undersigned authority, on this day personally appeared W. 
H. Maverick, knoAvn to me who being by me dulv sworn upon oath savs: That 
by deed dated May 31, 1872. and recorded in Book "W" 2. page 336. of the 
Deed Records of Bexar County. Texas, Mary A. Maverick for herself and as 
executrix of the estate of Sam. A. Maverick, deceased, conveyed to him, among 
other property, the following described property situated with in the corporate 



—105— 

limits of the City of San Antonio in Bexar County, Texas, described as fol- 
lows, to- wit; 

Commencing for the North West corner at a point on the South line of 
Houston Street 53 far as (147 22/100 feet) S. 78 3/4 East from the N. W. 
corner of the Alamo Block, the S. E. intersection of Alamo Plaza with Houston 
Street; thence South 11 W. 30i vs. (84 27/100 feet) for South West corner; 
thence South 78 3/4 East 26 1/2 vs. (73 1/2 feet) to Alamo Ditch or S. E. 
corner; thence up said Ditcli to Houston Street or N. E. corner; thence N. 
7S 3/4 W. 45 vs. (125 feet) along Houston Street to the place of beginning. 

That his father, Samuel A. Maverick, purchased said property from Mariano 
Bomano in 1841 ; that his father, the said Samuel A. Maverick departed this 
life on the 2nd day of September. 1870, and that his mother. Mary A. Maverick, 
duly qualified as" executrix of his estate on the 4th day of Octolier, 1870; 
tliat shortly after the death of his father, he and his brother. George Maverick, 
took possession of the estate of his father and managed it as the agents of 
their mother; that at tliat time the property was enclosed and it was left in his 
possession enclosed under fence; that he rented the property to tlie Govern- 
ment and collected the rents therefor from the United States Government from 
the year 1870 up to and including the month of January, 1878; when he sold 
the property to H. Grenel; that the Government had for a long time prior to 
the time he took possession of the property been paying rent thereon; that the 
improvements upon said property consisted of stables built and occupied by the 
United States Government; that din-ing the time he owned the property he 
paid all taxes thereon and was in the peaceable possession of said property and 
that with out doubt Samuel A. Maverick, his father, during his life time, 
likewise paid all taxes upon said property during the time he so owned it. 

Affiant further states that from his own observation and from common knowl- 
edge said property lias been in possession and under fence from the time he 
acquired it in 1872 up to and including the present time which is the date of 
making this afSdavit. 

And further affiant saith not. 

(Signed) W. H. MAVERICK 

Sworn to and subscribed before me by W. H. Maverick this the 26th day 
of May, 1905. 

GEO. HUNTRESS 
Notary Public in and for Bexar Countv, Texas. 
THE STATE OF TEXAS, 
County of Bexar. 

Before me. Geo. Huntress, a notary public in and for Bexar County, Texas, 

on this day personally appeared W. H. Maverick, known to me to be the person 

whose name is subscribed to the foregoing instrument, and acknowledged to me 

that he executed the same for the purposes and consideration therein expressed.. 

Given under my hand and seal of office, this 5th day of August, A. D.. 1905. 

GEO. HUNTRESS 
Notary Public in and for Bexar County, Texas. 

Received from Miss Clara Driscoll the sum of $1158.40, the estimated taxes 
upon the property known as the Hugh & Schmeltzer property and conveyed by 
her to the State of Texas for the current year 1905-6, and I agree to apply said 
sum to the payment of said taxes as soon as the same can be collected by the 
City of San Antonio and to deliver to her a regular and proper receipt for the 
taxes due and paid. If the taxes exceed $1158.40 Miss Clara Driscoll is to pay 
the difTerence before issuance of tax receipt. 

Signed in duplicate, this 30th dav of August 1905. 

C. VILLEMAIN, 

(Seal) Tax Collector City of San Antonio, Texas.. 

Office of 
Tax Receipt No. 6299. CITY TAX COLLECTOR 

San Antonio, Texas. Valuation. 

Personal Property $ 

Real Estate ..." $64000 

Total $64000 



-106- 



Received of Miss Clara Driseoll the 
Slim of Eleven Hundred, fifty eight 

40/100 dollars cents, in payment 

of City Taxes, for the Fiscal Year 1904, 
beginning June 1, 1004, and ending Mav 
31, 1905. 



Taxes. 

Ad Valorem Tax $1158.40 

Poll Tax 

Total Tax $11.58.40 

Interest 17.37 

Penalty 69.50 

Costs 

Total $1245.27 



Acres 



Lot No. 
18 
19 



Elk. No. 



City Blk. No. 
115 



Dated : 
i Seal ) 



San Antonio, Texas, Aug. 30. 1905. 



Fiscal year 1904. 

JOHN STAPPENBECK, Citv Assessor. 



Name of Street 
or subdivision. Value, 

cor Alamo Plaza $64000 

and Houston 



C. VILLEMATN, 

City Collector. 
By A. Coy, Jr., Assistant. 



C. Villeman, Collector. OFFICE TAX COLLECTOR 

City of San Antonio. Aug. 1 1905 

Statement of City taxes due for the fiscal year 1904 on Lots Nos. 18 and 19, 
City Block No. 1115, situated on the corner of Alamo Plaza and Houston St. 
assessed to Miss Clara Driseoll. 

1904 Taxes, $1158.40 with additional 6 per cent interest from June 1, 1905 and 
6 per cent penalty on the principal if paid in the month of August 1905. 

C. VILLEMAN, 

City Collector. 
Pencil notation: C 

1904 Taxes $1158.40 

Int 17.37 . 

Pity 69.50 



$1245.27 due Aug. 31/05 



1158.40 
597.12 

$3000.79 

End. Pencil: Deed Chas. Hugo to Clara Driseoll dated Fey 10/04 Book 
Record Vol. 223 p. 261. Get receipt for 1904. 

( Endorsed, in ink : Tax Receipt. ) 

(Endorsed: Filed in the Office of the Secretary of Stale this 4 day of 
Oct. 1905. 0. K. Shannon, Secretary of State.) 



Office of 

PAUL MEERSCHEIDT 

Tax Collector Bexar County 



San Antonio, Texas, Aug. 2, 1905. 



This is to certify that the Records of this office do not show any State & County 
Tax due on Lot 1, C. B. 115, Div. 3. in the name of Est. H. Grenet, Hugo & 
Schmeltzer & Miss Clara Driseoll from 1885 to 1904, incl. 
1905 assessed to Miss C. Driseoll, at $64000 Rate 93-3/ 10c 

PAUL MEERSCHEIDT, 
(Seal) Col. Bexar Co. 

H 



—107- 

Pencil notation: 



64000 
.933 



192000 
102000 
576000 



$59712 

STATEMENT OF CITY TAXES 

City of San Antonio, Bexar County, Texas 

Description of Property 

Name of Street, 
Acres. Lot Number. Block. O. C. City Blk. Subdivision, etc. 

18, 19 115 Alamo Plaza 

Hugo-Schmeltzer Property 

Assessed Valuation. , Tax Ad 

To Whom Assessed. Year. Real Personal. Total Rate. Valorem. Poll. Total, 
Estate. 

This is to certify that the records of this oflSce show 
no delinquent Taxes on the above described property. 

J. T. XEWTON, 
1877 to 1902 Inc. Assistant City Attorney. 

Farrar 
In Charge of Back Tax Collections. 

1 Lot 115 Corner Alamo Plaza 

& Houston Street 

City taxes for fiscal year 1903-1904 on the above de- 
scribed property are also paid. 

J. A. BITTER, 

City Collector. 
Mar. 7 1905 (Per C. F. N. Ass't.) 

I, the undersigned do hereby certify that the Taxes on lots 18, 19 City Block 
115, cor. Alamo Plaza & Houston St. "for the 1904 & 5 are $1158.40. 

JOHN STAPPENBECK, 
(Pencil notation). City Assessor. 

Miss Driscoll must pay. 

(Endorsed: Receipt of Paul Moerscheidt.) 

End: Filed in the Office of the Secretary of State, this 4 day of Oct. 1905. 
0. K. Shannon, Secretary of State. 

Statement showing condition of State and County taxes on Lot 1. C. B. 115,. 
formerly described as Lots 1, 2 and 3, Division 3: 
Taxes paid for 1885 in name of Est. H. Grenet; 
Taxes paid for 1886 to 1890 inch in name of Hugo & Schmeltzer; 
Taxes paid for 1891 in name of Reagan Houston; 
Taxes paid for 1892 to 1903 incl. in name of Hugo & Schmeltzer; 
Taxes due for 1904 in name of Miss Clara Driscoll; 
Amount due for 1904, including penalty, $633.60 

1 hereby certify tliat the above is true and correct, as shown by the records of 
mv office. 

PAUL MEERSCHEIDT, 
(Seal) Tax Collector, Bexar County.' 

Per P. H. Scholz, Deputy. 
Pencil notation 

Mr. Hugo must pay for 1904. 
1905 not due. 



—108— 

(Copy) 
No. 9836 Bexar County, Texas. 

Received of Miss Clara Driscoll, the sum of Five Hundred Ninety Seven & 
12/100 Dollars, in payment of State and County Taxes .for the year 1905, on 
personal property and the following described real estate: 
Lot 1, Out Lot 115, Div. 3. 
Oct. 2, 1905. 

PAUL MEERSCHEID, 

Tax Collector, Bexar Co. Tex. 

Total value of all property assessed: $64,000 

Taxes. 

State Ad Valorem $128.00 

School Ad Valorem. . 115.20 

State and School Poll 

Penalty 

County Ad Valorem 353.92 

County Special 

County Poll 

District School « 

Penalty 

Total Tax $597.12 

Filed in the office of the Secretary of State this 16th day of Nov. 1905. 

0. K. SHANNON, 

Secretary of State. 
( Copy ) 

UNCEETIFIED COPY PETITION IN SUIT PILLAR GARCIA, ETC. 

Pilar Garcia de Sabriego etal, plflfs. 

vs. ' No. 53. 

Mary A, Maverick, et al, defts. 

In the Circuit Court of the United States for the Western District of Texas 

at San Antonio. 

Trespass to try title and for damages. 

Petition sets out that Pilar and her husband Manuel Sabriego who joins 
herein are citizens of the Republic of Mexico, complaining of Mary A. IMaverick, 
Albert Maverick, Geo. M. Maverick, Samuel Maverick, William H. Maverick, 
Edward H. Terrell and Mary M. Terrell his wife, J. H. Kampmann, Herman 
D. Kampmann and Elizabeth his wife, Bertha Doerr and H. A. Doerr her hus- 
band, Phillip Immecke and Fritz Steiner, Jacob Waelder and Ada Waelder his 
wife, Ed. Degener and Mary his wife, C. M. Terrell and Sarah S. his wife, Ed. 
Dillon, Ed. Steves, A. Michel and Helen Michel his wife, I. P. Reed and Mary A. 
Reed his wife, Frances E. Vance and J. Milton Vance as executors of the estate 
of William Vance, deceased, and individually, and Mary Vance wife of Milton 
Vance, C. Upson executor of the estate of James Vance, deceased. Dr. I. R. 
Smith, Daniel Oppenheimer and Louisa Oppenheimer his wife, Mrs. E. V. 
Steagall and A. H. Steagall her husband. Mrs. E. A. Patton, Mrs. INIary Schu- 
macher, Tempel Beth El "Synagogue" a religious corporation represented by 
and under control of its trustees Sol Halff, S. Mayer, Simon Frank, A. B. 
Frank and Dan Oppenheimer. 

The City of San Antonio, a mtmicipal corporation represented by its Mayor 
James H. French. 

Trinity Methodist Episcopal Church, a religious corporation represented by 
and under control of its trustees R. M. Moore, Wesley Ogden, C. M. Terrell, 
G. W. Brackenridge, Geo. B. Silsby and M. A. Daugherty so far as said trustees 
are known to plaintiffs. 

The Baptist Church, a religious corporation represented by and under the 
control of its trustees S. Coyce, E. G. Houston, W. D. Johnson, James Newton, 
S.O far as said trustees are known to plaintiffs. 



—109— 

Miss Annie Sweet and Mrs. C. Sweet widow of I. R. Sweet, Mrs. E. A. M. 
Houston. 

That they (plaintiffs) were married in 1833. That said Pilar is the sole 
hoir at law of her deceased father Francisco Garcia who died in 1834 and of 
her deceased mother Gertrudes Barrera de Garcia wife of said Francisco Garcia 
who died in 1842. That they died seized of a suerte of land in the city of San 
Antonio on the East side of the San Antonio river, being bounded as follows, 
to-wit : 

North by lands of Vicente Amador; South by lands of Capriano Losoya; East 
by Wall of the Mission de Balero, and west by the lands of Francisco Collantes 
and Manuel Ximenes, and being more particularly descril^ed as follows: 

Beginning at the Southwest corner of this the Francisco Garcia suerte in the 
East line of Manuel Ximenes 3 varas above the lower line, of Houston Street; 
thence with said line of Ximenes N. 12 deg. W. 19 varas to a point in the upper 
line of Houston Street 30 varas from the east line of Navarro Street; thence 
N. 7-1/4 deg. E. 43-1/2 varas to the northeast corner of Manuel Ximenes and 
following the same course along the east line of Francisco Collantes 139 varas 
to the south line of Travis Square; thence N. 5-1/4 deg. E. 106 varas; thence 
N. 56 deg. E. 42 varas ; thence N. 66 deg. E. 32-1/2 varas to the east line of 
Jefferson Street 3-1/2 varas above the upper line of Pecan Street; thence N. 
66-1/2 deg. E. 23 varas; thence N. 67-1/4 deg. E. 65 varas; thence N. 53-1/2 
deg. E. 20 varas to the southwest corner of the Vicente Amador suerte; thence 
with the Southwest line of said Amador suerte S. 39 deg. E. 156-1/2 varas; 
thence S. 35-1/4 deg. W. 158 varas to the upper bank of the old Alamo Ditch; 
thence S. 10 deg. W. 45-1/2 varas to the north-east corner of the old Valero 
wall; thence along the upper line of said wall N. 75-5/8 deg. W. 79 varas to 
its northeast corner; thence down said wall S. 8 deg. W. 10 varas; thence N. 
82 deg. W. 8 varas; thence S. 10 deg. W. 6 varas to the upper line of the 
Capriana Losoyo suerte; thence with said line 79 deg. W. 285 varas to the 
beginning. 

Reference is here made to the accompanying map which is hereto attached 
and made a part hereof. 

That such Pilar as such heir as aforesaid at the death of her parents and as 
their sole heir became seized and possessed of said suerte of land by inheritance, 
same being valued at two hundred thousand dollars. That said Pilar being so 
seized that said defendants and each of them did on or about the first day of 
January 1843 unlawfully enter upon said premises and dispossess said defend- 
ants and have until this date in such unlawful possession, etc. 

Ask that each of said defendants be cited to appear at the next term of 
Court. That said Pilar be decreed to be the owner of said property in her right 
and entitled to the possession thereof. Ask for judgment for .$200,000.00 back 
rents, etc. 

Filed 13th September 1881. 

(This is a true copy of the original petition taken from the record of the 
Bexar Abstract Co. and can be certified to if desired.) 

Filed in the office of the Secretary of State this 4th day of October, 1905. 

0. K. SHANNON, 

Secretary of State. 

In the Circuit Court of the United States, in and for the Western District of 

Texas, at San Antonio. 

Thursday. March 13, 1884. 

Pilar Garcia, de Sabriego et al 

vs. No. 53. 

Mary A. Maverick et al 

This cause coming on to be heard came both parties by counsel and announced 
themselves ready for trial and thereupon came a jury of good and lawful men 
of the Western District of Texas, to-wit: C. S. Brodbent and eleven others, 
duly elected, empannelled and sworn, who having heard the evidence, argument 
of counsel and charge of the court returned into open court the following ver- 
dict, to-Avit : 

"We, tlie Jurv, find for the defendants. C. S. Brodbent, Foreman." 



. —110— 

Wherefore it is ordered, adjudged and decreed by the Court that the plaintiffs 
herein take nothing of the defendants herein by this action and that the said 
defendants go hence and recover of said plaintiffs all costs of suit in this behalf 
expended, for which execution may issue. 

UNITED STATES OF AMERICA, 
Western District of Texas. 

I, D. H. Hart, Clerk of the Circuit Court of the United States, in and for 
the Western District of Texas, hereby certify that the above is a true and cor- 
rect copy of the Final Judgment in cause No. 53, Pilar Garcia de S^abiiego et al, 
vs. Mary A. Maverick et al., as the same appears of record in this office. 

Witness and the seal of the said Circuit Court, at office, in the City of San 
Antonio, Texas, this the 26th day of May A. D. 1905. 

D. H. HART, 
(Seal) Clerk of said Court. 

By A. Grosenbacher, Deputy. 

(Endorsed- — No. 53. In the Circuit Court of the United States in and for 
the Western District of Texas, at San Antonio. Pilar Garcia de Sabriego et al 

vs. ]\Iary A. Maverick et al. Certified copy of Final Judgment. For 

Issued May 26, 1905. D. H. Hart, Clerk.") 

( Endorsed— Filed in the Office of the Secretary of State, This 4 day of Oct. 
1905. 0. K. Shannon, Secretary of State.) 

STATE OF TEXAS, 
County of Bexas. 

Field Notes of a survey of 1.18 acres of land made for the State of Texas. 

Said survey is situated in the County of Bexar, State of Texas, and City of 
San Antonio and is known as "Alamo" and is bounded as follows to-wit: 

Beginning at an iron pipe set in the center of the old abandoned Ditch of 
the Alamo for the S. E. corner of Alamo or Church property. Thence W. 
80 57-1/2 W. with the S. line of said property 108.5 feet to the S. W corner of 
the old church or Alamo building. Thence N. 9 36-1/2' E. 72.3 feet to the wall 
of the old convent building. Thence with said wall N. 79 06 (' W. 88.83 feet 
to the S. W. corner of said building. Thence with the W. Wall of same N. 12) 
00-1/2 E. 191.6 feet to N. W. corner of same on the S. line of Houston St. 
Thence with the S. line of Houston St. S. 78 39' E. 181.7 feet to a stake at an 
angle in said Street. Thence continuing along the S. line- of Houston Street 
S. 74" 23-1/2 E. 91.1 feet to an iron pipe set in the center of the afoi-emen- 
tioned old abandoned Alamo Ditch for the N. E. corner of this tract. Thence 
along the center of said Ditch S. 39 59-1/2' W. 140 ft. and S. 14.53-1/3 W. 
129.3 feet to the place of beginning. 

Surveyed Jan. 15th. & 16th, 1912. 

Given under mv hand at San Antonio this 17th day of January 1912. 

W. W. LOCHE. 
County Surveyor Bexar County, Texas. 

(Endorsed — Field Notes Alamo Property.) 

THE STATE OF TEXAS 
County of Travis 

Whereas, by an act of the 29th Legislature of the .State of Texas, approved 
January 26rg, 1905, Chapter 7 of the General Laws at the Regular Session, the 
Governor of the State of Texas was authorized to purchase, and procure to be 
executed to the State of Texas by the owners of the property hereinafter men- 
tioned a good and sufficient conveyance of all the land in the Citj' of San 
Antonio, Texas, known as the Hugo & Smeltzcr Company property, formerly 
a part of the old Alamo Mission and adjoining the Alamo Church property now 
owned by the State; beginning at a stake set on the West bank of the Alamo 
Ditch, being the South-east corner of this tract, and the North-ea=t corner of 
the tract heretofore sold to the State of Texas, and known as the Alamo ; thence 
North 79-1/3 degrees west, 200 feet and 2-2/5 inches; thence North 11', 33" 
east, 191.52 feet; thence south 79-1/10 degrees east, 272.22 feet; thence with 



— Ill— 

the meanders of said ditch to tiie phice of beginning; and bounded on the north 
by Houston Street, and on the east by the Alamo Ditch, and on the soutli by 
the Alamo and Alamo Plaza, and on the west by the Alamo Plaza; and 

Whereas, pursuant to said Act. the said property above described was pur- 
chased and conveyance thereof in fee was made to the State of Texas by Miss 
Clara DriscoU by deed dated August 23, 1905, which is of record on pages 
380 et seq. of volume 238 of the Deed Records of Bexar County, Texas, to which 
deed and its record aforesaid reference is hereby made for further particulars: 
Now, therefore, pursuant to and in compliance with Section 3 of said Act above 
referred to, I, S. W. Lanham, in my capacity as Governor of the State of Texas, 
have delivered, and by these presents do hereby deliver to the custody and care 
of the Daughters of the Republic of Texas, a corporation under the laws of 
Texas, whereof Mrs. Anson Jones, of Harris County, Texas, is President, the 
property thus acquired, which is liercinbcfore described, and described in said 
deed above referred tOj together with the Alamo Church proptrty, already 
owned by the State, which was conveyed to the State of Texas by the Catholic 
Church of the Diocese of San Antonio, in the State of Texas, by deed dated 
May 12th, 1883, which is of record in Book 31 on page 305 of the Deed Records 
of Bexar County, Texas, to which deed and its aforesaid record re<"tie^Ke is hereby 
made for further particulars, to be maintained by them in good order and repair 
without charge to the State, as a sacred memorial to the heroes who immolated 
themselves upon the hallowed groimd; and by the Daughters of the Republic 
of Texas to be maintained or remodeled upon plans adopted by the Daughters 
of the Republic of Texas, and approved by the Governor of Texas; provided that 
no changes or alterations shall be made in the Alamo Church proper, as it now 
stands, except such as are absolutely necessary for its preservation.. All of said 
property being subject to future legislation by the Legislature of the State of 
Texas. 

In testimony whereof, T, S. W. T. Lanham, Governor of the State of Texas, 
have caused the seal of the State to be hereunto affixed and have signed these 
presents officiallv this the 4th dav of October, 1905. 

(Signed) S. W. T. LANHAM, 

Governor. 

Attest : 

0. K. SHANNON, 

Secretary of State, 



THE STATE OF TEXAS 

County of Travis 

Before me, the undersigned, a Notary Public, in and for Travis County, 
Texas, on this day personally ajipeared S. W. T. Lanham, known to me to be 
the person whose name is subscribed to the foregoing instrument, and acknowl- 
edged to me that he executed the same for the purposes and consideration and 
in the capacity therein expressed. 

Given under mv hand and seal of office this the 4th dav of Octolier. 1905. 

(Signed) N. A. CRAVENS, 

(Seal) Notarv Public, in and for Travis Countv, Texas. 

City Tax Receipt No 7451 1/2 

Office of 

CITY TAX COLLECTOR 

San Antonio, Texas 

Valuation 

Personal Property 

Real Estate " 64.000 

Tax Rate on the .$100.00 
Valuation 

General Fund 97 

Sinking " 41 

School " 



Total 1.70 



Total 64,000 

Received of Miss Clara Driscoll the 
sum of One Thousand and eighty eight 

Dollars 00 cents, in payment 

of City Taxes for the Fiscal Year 1905. 
beginning June 1. 1905 and ending Mav 
31,1906. 



—112— 

Imp. Dist. jSIo. 1. Tax— Ad Valorem 

Tax 
108800 
Imp. Dist. No. 1 Tax 



Total 108800 

-Acres Lot No. Block No. 0. C. L. No. City Block No. Value 

Hot 115 S. E. cor. Alamo ■ 

Plaza & Houston 64,000 
Date San. Antonio Texas, Apr. 4, 1906. 

C. Williams City Collector. 
By a Coy Jr. Assistant. 



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PART TWO. 



THE ALAMO IN 1846. 



The foIlowiJ3g extract is taken from the memoirs of George W. Hughes, 
'Captain corps topographical engineers, and chief of topographical staff, 
wiih division of tlie United States army under the command of Brigadier 
■General John E. Wool in his march from San Antonio, Texas, to Saltillo, 
Mexico, in the war hetween the United States in 1846. In descrihing 
the buildings and environments of the iVlamo, in Senate document No. 
32, First Session of the Thirty-first Congress, pages 10 and 11, he says: 

"The buildings belonging to the government in the town might be conveni- 
ently converted into hospitals and barracks for a considerable force. The Alamo, 
on the left bank of the river, if placed in a suitable state of repair, would ac- 
commodate a regiment, and miglit at the same time be rendered a strong de- 
fensive work, well supplied with water. 

As a frontier post, it may be regarded as one of some importance. About one 
mile east of the Alamo is a strong tower, twenty-one feet square at base, 
thirty feet high, sixteen feet square at top, three stories high, with a look-out 
on top. It is built of stone, the walls three feet thick, with three loop-holes 
•on each side. It is not arched. The entrance is from the east. Within a 
short distance of it stands another building, eighteen feet square at base, twelve 
feet high and with a groined arch: the walls are three feet thick — the entrance 
from the west: it was obviously a magazine. The two buildings are defended on 
the southeast angle by a bastion with two long curtains enclosing the buildings 
on two sides. The advance works are of earth, and consist of a deep ditch and 
parapet. Between these works and the building was a well, now partially closed 
with rubbish. 

Most of the land in the vicinity of San Antonio was formerly, and much 
of it still is, irrigated from the river and the San Pedro. It may, however, 
well be questioned whether this operation is not injurious rather than bene- 
ficial to the lands: for the soil being calcareous, and the water being nearly 
saturated with the same substance too much carbonate of lime must, in the 
course of years, be deposited in the fields. The remedy for tlii.; excess may be 
found in deep ploughing, following in the rotation of crops. The country bears 
evidence of having been at one period in a high state of cultivation and fer- 
fertility, supporting a large and concentrated population, who in time of danger 
sought refuge in the town and in the missions of the Alamo, Conception, San 
Juan Espada, and San Jose monastic fortresses, whose stately and melancholy 
ruins attest their fromer magnificence and grandeur. 

It is stated, on the authority of the surveyor of Bexar county that within 
the limits of our map nearly two thousand acres of land are now in corn, yield- 
ing on an average about thirty bushels to the acre — sixty thousand bushels ; 
but this is probably an over estimate. Corn usually sells at 50 cents per bushel; 
it is now bring $1.25, or rather more. For a great distance around San Antonio 
the grazing is excellent, and herds of cattle abundant. In ordinary times a 
good, well-broken ox is worth $25; for beef about $9; or a cow and cilf, about 
$1.3: at present the prices are much higher. The cattle are of the old Spanish 
breed — th,e oxen large, with immense horns; rapid walkers, and strong. They 
are fed exclusively on herbage and fodder: they keep easily, and make good 
beef. The cows arc bad milkers, but might be easily improved by a cross on 
the Durham or Devon. 

The county of Bexar contains about four thousand inhabitants, iiududing Cas- 
troville. Its territorial limits extend to the Rio Grande. 



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See Senate Document No. 32, Thirty-firU Congress. This shows accurately the ground 
plans of the Alamo, including the chapel, main buildings and the walls inclosmg the inner 
and "outer" or yards. 



—115— 

According to tlic authority before mentioned, there are this year nearly eight 
hundi'ed acres of corn growino- on the Lenna creek averaging about thirty-tive 
busluls per acre — twenty-eiglit tliousand busliels. While the lands are rich in 
this region, the demand heretofore for agricultural productions has been so 
limited that there has been but little inducement to grow more grain than would 
suffice for the wants of the permanent population. 

The San Antonio river has its source in a large spring, five miles north of 
the town, and, as far as our map extends, flows nearly due south. It becomes 
almost at once, in gushing from the rocks, a noble river, clear, full, and rapid 
in its course. For the first ten miles it rarely exceeds one hundred feet in 
widtli, and from three to six feet in depth. The principal fords below the 
infantry camp are at the town of San Antonio and at a short distance below 
tlu' mission of Conce])tion. The former is good and practicable for artillery: 
the latter is not so good, the water being not less than four feet deep with a 
very rapid current. There are, however, many points where fords might be 
made accessible by cutting down tlie banks. The river in its upper waters 
varies but little in its level, and is not greatly affected by the heaviest rains. 
At San Antonio there is a trestle-bridge over tlie river, near the Alamo, recently 
repaired, or rather rebuilt, by tlie quartermaster's department, for military 
purposes." 



-116- 



WHERE TRAVIS, CROCKETT AND BOWIE FELL. 



I'he following statement by Francis Antonio Euiz, who was the alcalde 
of San Antonio at the time of the siege and fall of the Alamo, is the best 
account extant as to where in the fort Travis, Crockett and Bowie fell. 

•STATEMENT OF ANTONIO RUIZ, ALCALDE OF SAN ANTONIO. 

"On the 6th of March (1836) at 3 a. m., C4eneral Santa Anna at the head of 
4000 men advanced against the Alamo. The infantry, artillery and cavalry had 
formed about 1000 varas from the walls of the said fortress. The Mexican army 
charged and were twice repulsed by the deadly Are of Travis' artillery which 
resembled a constant thunder. At the third chai'ge the Toluca battalion com- 
menced to scale the walls and suffered severely. Out of 830 men only 130 were 
left alive." 

"When the Mexican army entered the walls, I with the political chief (Gefe 
politic) Don Ramon Musquiz and other members of the corporation, accompa- 
nied by the curate, Don Refugio de la Garza, who by Santa Anna's orders, had 
assembled during the night at a temporary fortification on Protero Street, with 
the object of attending the wounded, etc. As soon as the storming commenced 
we crossed the bridge on Commerce street, with this object in view and about 
100 yards from the same a party of Mexican dragoons fired upon us and com- 
pelled us to fall back on the river and the place we occupied before. Half an 
hour had elapsed when Santa Anna sent one of his aide de camps with an order 
for us to come before him. He directed me to call on some of the neighbors 
to come with carts to carry the (Mexican) dead to the cemetery and to ac- 
company him as he was desirous to have Col. Travis, Bowie and Crockett 
shown to him." 

"On the north battery of the fortress convent, lay the lifeless body of Col. 
Travis on the giui carriage shot only through the forehead. Towards the Avest, 
and in a small fort opposite the city, we found the body of Col. Crockett. 
Col. Bowie was found dead in his bed in one of the rooms on the south side." 

"Santa Anna, after all the Mexican bodies had been taken out, ordered wood 
to be brought to burn the bodies of the Texans. He sent a company of dragoons 
with me to bring wood and dry branches from the neighboring forests. About 
three o'clock in the afternoon of March 6, we laid the wood and dry branches 
npon which a pile of dead bodies were placed, more wood was piled on them 
and another pile of bodies was brought and in this manner they were all 
arranged in layers. Kindling wood was distributed through the pile and about 
5 o'clock in the evening it was lighted." 

"The dead INIexicans of Santa Anna were taken to the grave yard, but not 
having sufficient room for them, I ordered some to be thrown in the river, which 
was done on the same day." 

"The gallantry of the few Texans, who defended the Alamo was really won- 
dered at by the Mexican army. Even the generals were astonished at their 
vigorous resistance and how dearly victory was bought." 

"The generals, who under Santa Anna participated in the storming of the 
Alamo were Juan Amador, Castrillinn, Remirez, Sesma and Andrade." 

"The men (Texans) burnt were one hundred and eighty-two. I was an eye 
witness for as Alcalde of San Antonio, I, was with some of the neighbors, col- 
lecting the dead bodies and placing them on the funerav pvre." 

(Signed) FRANCIS ANTONIO RUIZ. 



-118- 



THE TEXANS CAPTURE THE ALAMO IN 1835. 



Col. F. W. Johnson, commanding the Texas, made the following report 
of the capture of the Alamo, and General Cos, in December, 1835, when 
"Old" Ben Milam captured the town and lost his life : 

COL. FRANK JOHNSON'S OFFICIAL REPORT ON THE STORMING OF 
BEXAR IN DECEMBER, 1835. 

"Sir: I have the honor to acquaint you, that on the morning of the 5th inst., 
the volunteers for storming the city of Bexar, possessed hy the troops of General 
Cos, entered the suburbs in two divisions, under the command of Colonel Ben. 
R. Milam. Tlie first division inider his immediate command, aided by Colonels 
Grant and Austin, and Adjutant Brister. 

"The first division, consisting of the companies of Captains York, Patton, 
Lewellyn, Crane, English, and Landrum, with two pieces and fifteen artillery- 
men, commanded by Lieutenant-Colonel Franks, took possession of the house of 
Don Antonio de La Garza. The second division, composed of the companies of 
Captains Cooke, Swisher, Edwards, Alley, Duncan, Peacock, Breeze and Placido 
Benevides, took possession of the house of Veramendi. The last division was 
exposed for a short time to a very heavy fire of grape and musketry from the 
whole of the enemy's line of fortifications, until the guns of the first division 
opened their fire, when the enemy's attention was directed to both divisions. 
At seven o'clock, a heavy cannonading from the town was seconded by a well 
directed fire from the Alamo, which for a time prevented the possibility of 
covering our lines, or eff'ecting a safe communication between the two divisions. 
In consequence of the twelve pounder having been dismounted, and the want of 
proper cover for the other gun. little execution was done by our artillery, 
during the day. We were, therefore, reduced to a close and svoll directed fire 
from our rifles, which notwithstanding the advantageous position of the enemy, 
obliged them to slacken their fire, and several times to abandon their artillery, 
within the range of our shot. Our loss during this day was one private killed, 
one colonel and one first lieutenant severely wounded; one colonel slightly, three 
privates dangerously, six severely and three slightly wounded. During the 
whole of the night, the two divisions were occupied in strengthening their posi- 
tions, opening trenches, and efl'ecting a safe communication, although exposed to 
a heavy cross fire from the enemy, which slackened towards morning. I may 
remark that the want of proper tools rendered this undertaking doubly arduous. 
At daylight of the Gth. the enemy were observed to have occupied the tops of 
houses in our front, where, luider the cover of breastworks, they opened through 
loop-holes, a very brisk fire of small arms on our whole line, followed by a 
steady cannonading from the town in front and the Alamo on the left flank, 
with few interruptions during the day. A detachment of Captain Crane's com- 
pany, under Lieutenant W. McDonald, followed by others, gallantly possessed 
themselves, under a severe fire, of the house to the right and in advance of the 
first division, which considerably extended our line ; while the rest of the army 
was occupied in returning the enemy's fire ' and strengthening our trenches, 
which enabled our artillery to do some execution and complete a safe communica- 
tion from right to left. 

"Our loss this day amounted to three privates severely wounded and two 
slightly. During the night the fire from the enemy was inconsiderable, and our 
people were occupied in making and filling sand bags, and otherwise strength- 
ening our lines. At daylight on the 7th, it was discovered that the enemy had, 
during the night previous, opened a trench on the Alamo side of the river, and 
on the left fiank. as well as strengthening their battery oi^ the cross street 
leading to the Alamo. From the first they opened a brisk fire of small arms, 
from the last a heavy cannonade, as well as small arms, which was kept up until 
11 o'clock, Avhen they were silenced by our superior fire. About 12 o'clock, 
Henry W. Karnes, of Captain York's company, exposed to a heavy fire from 



—119— 

the enemy, f>allantly advanced to a liouse in front of the first division, and with 
a crowbar forced an entrance, into whicli the wliole of the company immediately 
followed him and made a secure lodgment. In the evening, the enemy renewed 
a heavy fire from all the positions which could bear upon us; and at half-past 
three o'clock, as our gallant commander, Colonel Milam, was passing into the 
yard of my position, he received a rifle sliot in the head, which caused his 
instant death, an irreparable loss at so critical a moment. Our casualties other- 
wise during this day were only two men slightly wounded. 

"At a meeting of the oflicers at 7 o'clock, I was invested with the chief com- 
mand, with Major Robert C. Morris (late captain of the New Orleans Grays) 
as second. At 10 p. m. Captains Lewellyn. English, Crane and Landrum with- 
their respective companies, forced their way into and took possession of the 
liouse of Don Jose Antonio Navarro, an advanced and important position, close 
to the square. The fire of the enemy was interrupted and slack during the 
whole night, and the weather exceedingly cold and wet. 

"The morning of the 8th continued cold and wet, with but little firing on 
either side. At 9 o'clock the same companies who took possession of Don Jose 
Antonio Navarro's house, aided by a detachment of the Grays, advanced and 
occupied the Zambrano Row, leading to the square, without any accident. 
The brave conduct on this occasion of William Graham, of Cook's company of 
Grays, merits mention. 

"A heavy fire of artillery and small arms was opened on this position by 
the enemy, who disputed every inch of ground, and who, after sufi"ering a severe 
loss in officers and men, were forced to retire from room to room, until at last 
they evacuated the whole house. 

"During this time our men were reinforced by a detachment from York's 
companj', under command of Lieutenant Gill. 

"The cannonading from the camp was exceedingly heavy from all quarters 
during the day, but did no essential damage. 

"Our loss consisted of one captain seriously wounded, and two privates 
severely. At 7 o'clock p. m., the party in Zambrano's Row were reinforced by 
Captains Swisher, Alley, Edwards and Duncan and their respective companies. 
"This evening we had undoubted information' of the arrival of a strong 
reinforcement to the enemy, under Colonel Ugartechea. At half-past ten o'clock 
p. m. Captains Cook and Patton, with a- company of Brazoria volunteers, forced 
their way into the jjriest's house in the sqviare, although exposed to the fire 
of a battery of three guns and a large body of musketeers. 

"Before this, however, the division was reinforced from the reserve by Cap- 
tains Cheshire, Lewis and Sutherland, with their companies. 

"Immediately after we got possession of the priest's house the enemy opened 
a furious cannonade from all their batteries, accompanied by incessant volleys 
of small arms against every house in our possession, and every part of our lines, 
which continued unceasingly initil half past six o'clock a. m. of the 9th, when 
they sent a flag of truce, with an intimation that they desired to capitulate. 
Commissioners were immediately named by both parties, and herewith I send 
you a copy of the terms agreed upon. 

"Our loss in this night's attack consisted of one man only (Belden of the 
Grays) dangerously wounded while in the act of spiking a cannon. 

"To attempt to give you a faint idea of the intrepid conduct of the gallant 
citizens who formed the division under my command during the whole period 
of the attack would be a task of no common nature, and far above the power 
of my pen. All behaved with the bravery peculiar to fi-eemen. and with a 
decision becoming the sacred cause of liberty. 

"To signalize every individual act of gallantry, where no individual was foruid 
wanting to himself or to his country, would be a useless and endless effort. 
Every man has merited my warmest approbation, and deserves his country's 
gratitude. 

"The memory of Colonel Ben R. ^lilam. the leader of this daring and success- 
ful attack, deserves to I)e cherished by every patriotic liosom in Texas. 

"I feel indebted to the able nssiitance of Colonel Grant (severely wounded 
the first day), Colonel W. T. Austin, [Majors S. IMorris and Moore, Adjutant 
Brister, Lieutenant Colonel Franks of the artillery, and every captain (names 
already given) who entered with either division, from the morning of the 5th 
until the day of capitulation. 



—120— 

"Drs. Levy and Pollard also deserve my warmest praise for their unremitted 
attention and assiduity. 

'■Dr. John Cameron's conduct during the siege and treaty of capitulation 
merits particular mention. The guides, Messrs. Erastus Smith,' Kendrick Arnold 
and John W. Smith, performed important services, and I can not conclude with- 
out expressing my thanks to the reserve under your command for such assist- 
ance as could be afforded me during our most critical movements. 

"The period put to our present war by the fall of San Antonio de Bexar will, 
I trust, be attended with all the happy results to Texas which her warmest 
friends could desire. 

"I have the honor to subscribe myself, 

"Your most obedient servant, 

"F. W. JOHNSON, 

"Commanding." 



-121- 



LIST OF THE HEROES OF THE ALAMO. 



Attaehod is a li.-t of the men wlio wore massacred in the Alamo: 

Name and Rank. Where From. 

W. Barrett Travis, Lieutenant Colonel, commanding Tennessee. 

James Bowie, Lieutenant Colonel, commanding. 



J. Washington, Colonel Tennessee. 

J. B. Bonham, Captain ; South Carolina. 

Forsyth, Captain New York. 

■ Harrison, Captain Tennessee. 

W. Blazely, Captain Louisiana. 

W. C. M." Baker, Captain Mississippi. 

W. R. Carey, Captain Texas. 

S. B. Evans, Captain Mississippi. 

S. C. Blair, Captain Texas. 

Gilmore, Captain Tennessee. 

John Jones, Lieutenant. 



Almaron Dickinson, Lieutenant Louisiana. 

I. G. Baugh, Adjutant 

Chas. Despalier, Aide to Travis • 

Robert Evans, Master of Ordnance Ireland. 

Elial Melton, Lieuten.ant Quartermaster ■ '■ ■ 

Anderson, Assistant Quartermaster 

Burnell, Assistant Quartermaster 

Williamson, Sergeant Major 

D. Michi?on, Surgeon ■ 

Amos Pollard, Surgeon ■ 

Tliompson, Surgeon 

Greene B. Jemison, Ensign. 



David Crockett, Private . Tennessee. 

E. Nelson, Private South Carolina. 

Nelson, Private Texas. 

W. H. Smith, Private Texas. 

Lewis Johnson, Private Texas. 

E. T. Mitchell, Private Georgia. 

F. Desangue, Private Pennsylvania. 

Thurston, Private Kentucky. 

Moore, Private 



Christopher Parker, Private Mississippi. 

C. Hiiskell, Private — 



Rose, Private Texas. 

John Blair, Private 

Kiddeson, Private. 



Wells, Private Tennessee. 

Wm. Cumming, Private Pennsylvania. 

Valentine, Private 

Cochran, Private 

R. W. Bnllantine, Private 

S. Halloway, Private 

Isaac White, Private •. 

Dav, Private 



Robert INfuselmah. Private New Orleans. 

Robert Cropsman. Private 



Richard Starr. Private England. 

I. G. Garrett. Private New Orleans. 

Robert B. ^loore. Private 



Richard Dimkin, Private England. 

■\Vra. Linn, Private Alassachusetts. 



—123— 

Name and Eank. Where From. 
— Hutchinson, Private '. 



)Vm. Johnson, Private Pennsylvania. 

E. Nelson, Private 

Geo. Tumlinson, Private — 

Wm. Deardoff, Private 



Daniel Bourne, Private England. 

— — Ingram, Private England. 

W. T. Lewis, Private Wales. 

Charles Zanco, Private Denmark. 

Jas. L. Ewing, Private 

Eobert Cunningham, Private . 



S. Burns, Private ■ Ireland. 

George Neggin, Private South Carolina. 

• Robinson, Private Scotland. 

Harris, Private Kentucky. 

John Flanders, Private . 



Isaac Ryan, Private Opelousas, La. 

David Wilson, Private Texas. 

John M. Hays, Private Tennessee. 

' Stuart, Private ... 

W. K. Simpson, Private . 



W. D. Sutherland, Private Texas. 

D. W. Howell, Private -. .New Orleans. 

Buttle, Private New Orleans. 

Chas. Smith, Private. 



McGregor, Private Scotland. 

— Eusk, Private. 



Hawkins, Private Ireland. 

Samuel Holloway, Private 

Brown, Private 

T. Jackson, Private Ireland. 

Micaj Autrey, Private . . 

Gregorio Esparza, Private San Antonio. 

John, Clerk to Desangue. 



George C. Kimbrell, Lieutenant . . Gonzales. 

James Geoi'ge, Sergeant Gonzales. 

Dolphin Ward, Private Gonzales. 

Thos. Jackson, Private Gonzales. 

Geo. W. Cottle, Private Gonzales. 

Andrew Kent, Private Gonzales. 

Thos. E. Miller, Private Gonzales. 

Isaac Baker, Private Gonzales. 

Wm. King, Private . . .• Gonzales. 

Jessie McKoy, Private Gonzales. 

Claiborne Wright, Private Gonzales. 

W. Fishback, Private Gonzales. 

Isaac Milsap, Private Gonzales. 

Albert Martin, Private Gonzales. 

Galba Fuqua, Private Gonzales. 

John Davis, Private Gonzale.«. 

E. A. M. Thomas, Private Gonzales. 

Wni. Fuhbaigh, Private Gonzales. 

John G. King, Private / Gonzales. 

Jacob Durst, Private Gonzales. 

M. L. Sewell, Private Gonzales. 

Eobert White, Private Gonzales. 

A. Devault. Private Gonzales. 

John Harris, Private Gonzales. 

David Kent, Private Gonzales. 

W. E. Summers, Private ' ... Gonzales. 



-123— 



A DESCRIPTION OF MISSION SAN ANTONIO DE VALERO 

(ALAMO, 1762). 



The following is a desoription. of tlie Alamo in 1763. It was founded 
and was then known as tlu> Mission San Antonio de Valero. This 
description is from "Doeuniontos para la TTistoria de la Provincia de 
Texas"' (:\IS), folios 163-16: : 

Tn tliis jn'ovince are some beautiful springs. So great is the volume of water 
wliich they send forth, that within a short distance a river o' a considerable 
size is formed. This stream, called the San Antonio^ runs from nortli to south. 
West of it, and one league below the springs, stand the town of San Fernando 
and the presidio of San Antonio. Across the river on its eastern bank and 
about two gunsliots from the presidio is the mission of San Antonio de Valero. 
This mission was founded on the first of May, 1718, by order of the most excel- 
lent Marquis of Valero. It was tlie first college of the Holy Cross, in its zeal 
for the salvation of the natives, planted in the "province of Texas. 

The records show that since its fovmdation seventeen hundred and ninety-two 
persons have been baptized. At present there are seventy-six families here, 
which, counting Avidows and widowers, orphans and other children, comprise 
two hundred and seventy-five persons. 

The settlement contains a convent fifty yards square, with arcades above and 
below. In the convent are the living rooms of the religious, the porter's lodge, 
the dining room, the kitchen and the offices. All these rooms are adorned with 
sacred ornaments and furnished with such articles as are needed by the religious 
for their own use and for supplying the Indians. 

In the second court is a room large enough for four looms. Upon these looms 
are made coarse clotlis, embroidered cotton shawls, blankets and other common 
fabrics of wool and cotton needed to supply and properly clothe the Indians. 
Adjoining this room are two others, in which they keep the stock of wool, cotton, 
combs, skeins, spindles, cards and other things used by the Indians in making 
their clothing. 

The church of this mission was finished, even to the towers and sacristy, but, 
on account of the stupidity of the builder, it tumbled down. Another, however, 
of pleasing architecture, is being constructed of hewn stones. For the present 
a rf;om whieli was built for a granary serves as a church. In it are an altar 
with wooden table and steps, a niche containing a sculptured image of St. An- 
thony, an image of Christ crucified, and another of St. Jolm. All of these are 
dressed in robes, undei'garments and silken vestments. 

A big room is used as the sacristy. In it are kept the large boxes that con- 
tain the ornaments. Among these are three covered chalices, two large cups, 
four communion vessels, a silken case for the cross, a vessel and sprinkler for 
holy water, two candlesticks, an incense boat and spoon, a censei and three holy 
oil vials. All of these are of silver. 

The mission has a well-built stone chapel eleven yards long. Among its orna- 
ments is a stone cross two yards high and capped with silver In the cross are 
hidden four reliquaries, each containing its own relic. The altar is -tilorned with 
carved and painted images. 

There are seven rows of houses for the dwellings of the Indians. They are 
made of stone and supplied with doors and windows. They are furnished with 
high beds, chests, metates, pots, flat earthen pans, kettles, cauldrons and l>oilers. 
With their arched porticoes the hou^•es form a broad and beautiful plaza through 
which runs a canal skirted by willows and fruit trees, and used by tlie Indians. 
To insure a supply of water in case of blockade by the enemy, a curbed well 
has been made. For the defense of the settlement the plaza is surrounded by a 
wall. Over the gate is a large tower with its embrasures, three cannons, some 
firearms and apjjroijriato supplies. 

For cultivating tlie fields of corn, chile and beans that are tilled to feed the 



—124— 

Indians, and of cotton to clothe them, there are fifty pairs of cart oxen, thirty 
of which are driven in yoke. There are also traces, plows, plowshares, fifty 
axes, forty pickaxes, twenty-two crowbars and twenty-five sickles. For haul- 
ing stone, wood and other things there are twelve carts. For carpentering they 
have the ordinary tools, such as adzes, chisels, planes, picks, hammers, saws and 
plummets. For use in repairing their implements they have an anvil, tongs, a 
screw, mallets, hammers, files and other things connected with a forge. 

In the large room where the grain is kept there are at present about eighteen 
hundred bushels of corn and some beans. These supplies are to feed tlie Indians. 

The mission owns a ranch, upon which is a stone house about twenty-five yards 
long. It has an arched portico and is divided into three rooms. These are 
occupied by the families that care for the stock, which consists of one hundred 
and fifteen gentle horses, one thousand one hundred and fifteen head of cattle, 
two thousand three hundred sheep and goats, two hundred mares, fifteen jennies 
and eighteen saddle mules. 

The mission and the ranch have the necessary corrals. For the irrigation of 
the fields there is a fine main aqueduct. 



—125— 



THE MISSIONS AND SAN ANTONIO RIVER. 



(The following document was sent to me in January of this year by 
Hon. Francisco I. Madero, President of Mexico. — 0. B. C.) 

GENERAL AND PUBLIC ARCHIVES OF THE NATION MEXICO. 

Data from the General and Public Archives of the Nation Relative to the ^Mission 

San Antonio de A^alero. 

In an expediente contained in the testimony of August 3, 1731. relative to 
the writs executed in regard to the grant and possession of the -troam of water 
in San Antonio which was asked for by the island families, and the opposition 
made by the reverend father president of the missions of Santa Cruz of Quere- 
taro, before Captain Don Juan Antonio Perez de Almazan. Juan Leal Goras, 
in tlie name of sixteen families who went to settle the province of Texas ai d 
presidio of San Antonio by order of Viceroy Marques de Casafuerto, presented a 
writing before Don Juan Antonio Perez de Almazan, captain of the presidio of 
San Antonio de Bejar, say that according to warrant, there we>-e orders that 
they be given possession of the arable lands, of the two streams of water nami-d, 
respectively, the Creek and the River of San Antonio, and in virtue thereof he 
prays that they be given possession and attestation. The said v/riting being 
admitted, order was given to notify the very Reverend Father Brcther Gabriel 
de Vergara, of the regular observance of San Francisco, apostolic preacher, vice 
president of the missions and president of the new reductions of the River of 
San Antonio in the said province; because it was he to whom appr'rtained the 
right of said missions, especially to the stream of water of San Antonio, as also 
because the said captain was aware that there were founded and situated on 
the banks of the aforesaid river (San Antonio) four missions of the Holy College 
of La Cruz of Queretaro, and one named San Jose of the College Guad-ilupe of 
Zacatecas, all within a distance of four leagues, more or less, tlie fir^t beginning 
with that of San Antonio de Valero, which has in operation i^^s main irrigation 
ditch and its arable land; next in order comes that of La Puvisinia Concepcion 
of Acuna, which has under construction its main irrigation ditch and laterals; 
next, that of San Jose, which has in operation its main irrigation ditch and its 
arable land; in addition to these three (going down the aforesaid river) that of 
San Francisco de la Espada and that of San Juan Capistrano, which are the 
last, and in which work is being done on the laterals and main irrigation ditch 
leading from the aforesaid river of San Antonio; wherefore ho should be noti- 
fied that he might represent the right of the said missions wLicli appertaired 
to him. 

The writing (he cites) which was presented in the name of the Ncophytea and 
Catechumen Indians, of newly founded missions, La Purisima Concepcion of 
Acuna, San Juan Capistrano, San Francisco de la Espada, as also of the Indians 
of the four missions, stated that inasmuch as the most exceJIent viceioy, the 
Marques de Casafuerte, had for reasons which were examined nnd approved as 
just in the superior government of the missions which had been founded, at the 
expense of the royal treasury, among the Texas, to be re-establish.ed on the 
river San Marcos, which site, after investigations of the Governor of the prov- 
ince of Don Melchor de Medinilla y Azcona and of others, religious, having been 
found morally impossible, a new petition was presented, including his advice 
and that of the reverend father who then was guardian of the College of La 
Santa Cruz of Queretaro, tliat his excellency should order the issuance of a 
dispatch to the end that the said missions should be situated and re-established 
on the banks of the said river San Antonio, a site appropriate according to the 
laws and royal ccdulas looking to the foundations that by advice of the assessor, 
this petition was approved, and orders were given for tlie issuaiice of a dispatch 
for the foundation of the three missions on the river San Antonir., on October 
2, 1730, in virtue of which the said re-establishment was successfully effected, 



—126— 

the pueblos being formed for the church's sake and the king's service, wherefore 
the said president in fulfillment of his obligation and in order that the newly 
established missions, as well as that of San Antonio de Valero, may have due 
strength and perpetual stability, and in virtue of the provision of the royal law 
(New Recopilacion, Volume 2, Book 6, Title 3, concerning the reductions, law 8, 
folio 199) that the sites upon which are to be founded pueblos and reductions 
shall have water supply, lands and woodland, and common of one leagues extent 
in every direction, where the Indians may have their live stock, which is the 
law of Philip II, of December 10, 15G3, confirmed by Philip III, on October 10, 
1618, with relation to which Philip V issued the royal cedula of September 15, 
1713, in which he orders that the said law be observed as soon as the pueblos 
are formed, in conformity to the said royal cedula last cited prays in behalf 
of the justices and pueblos of the said reductions that order be issued to give 
them possession of what is conceded to them by tliese royal ordinances, in order 
that in future they may conserve their rights and property. That in so much 
as concerns the mission of San Antonio de Valero, notwithstanding its being 
anterior to the new missions above noted in its foundation, it is today without 
a judicial instrument of possession of what which by law belongs to it as to a 
new reduction Ijecause the said instrument has been lost; wherefore in behalf 
of the said pueblo and active conversion of San Antonio de Valero, he prays 
for orders to do the same in the case of that mission as in the case of the other 
three, measuring their lands for them, giving them the water which by law is 
their right, and the possession and instrument pertaining thereto; as also in 
fulfillment of other requirements that no stock farms or cattle ranches be sit- 
uated within a distance of three leagues from the boundaries of the said mis- 
sions, and those of sheep and goats within the distance of one and one-half 
leagues, that provisions to this effect may be inserted in the instrument of pos- 
session. Also that as the two missions of San Antonio and Conci.pcion de 
Acuna are side by side, within a short distance of each other, he pi-ays tliat 
since on account of the said contiguity they can not be assigned in all direc- 
tions that is required by the law, they be assigited and given the same in the 
direction or directions which lie open; which shall also be done for others simi- 
larly situated, etc., a writing was executed on June 2, 1731, by the said Captain 
Don Juan Antonio, ordering that they be protected, as in the name of his 
majesty he protects and confirms them in the real and personal possessions which 
they hold in the missions named in the above cited writing in virtue of the 
possessions which by order of the Marques de Casafuerte were given them on 
March of the said year, of which they should not be dispossPsstd; provided, 
that said possession and protection refer to the quantity of Innd and water 
which his majesty has specified in his royal cedulas, it being dif.tinctly under- 
stood that the said missions are new conversions in reference to the privilege 
to which for this reason they are entitled. In continuation, the said captain 
executed a writ on July 27, 1731, that testimony should be taken and remitted 
to the viceroy in regard to the fact that the five missions were founded and 
three of them having taken the water which they are soliciting, and that the 
question is pending whether there shall be in the said river more tlian the five 
main irrigation ditches for the five missions, wherefore the di-^tribution of the 
waters of the river San Antonio to the island families who had solicited there- 
for, should be suspended until it should be determined what was expedient. 

The testimony being received, it was ordered by decree of October 22, 1731, 
following an opinion of the 21st of the same October, that report be made re- 
garding the division between the Indians and Spaniards and for tlie assignments 
as well to these as to the missions. 

The report of December 10, 1731, advises that in order that the m.issions have 
no lack of water or lands, not the Canary families and citizens those which are 
necessary, it be ordered that benefit, the Indian jnieblos not lacking whit is 
necessary nor the Spaniards going without. 

Opinion of December 15 of the said year: That the assignment be made pro- 
portionately, and in case the waters of the two streams should not be sufficient 
for continuous use by the missions, families and first settlers, the law must be 
observed in assigning them by turns. 

Decree of the IGth of the same: That the appropriate dispatch be sent to 
the Governor of Texas, keeping in view the assignment which hi^ has made, the 
map which he remitted^ and precedents, etc. 



—127— 

In continuation of tlie sajd expediente, the copy of writs and documents in 
regard to the subcolonization of tlio villa of San Fernando with fifteen families 
of the Canary Islands, assignments of building sites, commons, arable lands, 
foundation of municipal estates, etc., by the captain of tlie Presidio of San An- 
tonio de Bejar, Don Juan Antonio Perez de Alamazan, following a despatch of 
the Marqvies de Casafuerte, of November 28, 1730. The despatch above mentioned 
orders the Governor to survej^ as soon as the families arrive, the tract which is 
on the west side of the Presidio, on which is a slight elevation which has a table- 
land capable of receiving a settlement, with i)ure air, and waters issuing from 
two springs in a low ridge, situated at a short distance to the northwest, of wliich 
are formed the River San Antonio on the east side, and on the west the little 
river called the Creek, the two uniting to the south before joining the River 
^ledina at a distance of eiglit or nine leagues from their liead ; and in the space 
intervening between the one river and the other is erected the Presidio, to the east 
the mission of San Antonio, and to the west that of San Jose. He is likewise 
ordered to proceed, after surveying the tableland, to measure the land, mark out 
streets, etc., while the church is in process of formation — a despatcli which was 
obeyed on March 9, 1731. 

The said Governor suspended the measurement, or computation, of the lands, 
and in order to facilitate the sowings, he assigned lots or patches to the families, 
work being done up to the month of July on all the plan of the settlement and 
building sites, as also of the commons, in which is noted toward the northwest 
the River San Antonio, which serves as the division line between this settlement 
and of San Fernando and the missions, and especially the mission of San Antonio, 
which is separated from the Presidio only by the river. 

Next is the measurement of the commons for the said settlement, distinguishing 
between the lands intended for pastures and for municipal estates, following the 
assignment of lands and water to the families and the respective possession, the 
above mentioned proceedings closing on July 18, 1731. 

There follows another body of testimony upon the assignment of the said waters 
in 1732, which was opposed by the president of the missions, in which proceedings 
the judge executed a writ that account be given with these documents, to the end 
that he might determine whether from the River San Antonio, the creek being 
separated, water should be given and assigned to the new settlers of the villa of 
San Fernando, since if the waters of the creek and river are united the distri- 
bution cannot be made, because the arable lands of the villa are above, and the 
mission of San Antonio de Valero on the opposite side of the river. And by des- 
patch of May 12, 1733, following a decree and opinion bearing thereupon, orders 
were given the Governor prescribing the form in which the assignment of the said 
waters should be mode. 

Finally, the report of the Conde de Revillagigedo of December 27, 1793, with 
regard to the missions of the province of Texas, refers, in the report bearino- there- 
upon, to the first mission of San Antonio Valero erected in 1716, with the aid 
fif Indians of the Sanes, Payaes and Vanos nations, by religious of the colleges 
of Santa Cruz of Qneretaro and .Guadalu])e of Zacatecas, who established six 
missions. That of Concepcion, San Juan Capistrano and San Francisco de la 
Espada were transferred to the sites which they occupy, adjacent to the capital 
villa of the province, and the other tliree were extinguished in the year 1774, as 
was determined by Article 22 of the instructions inserted in the Royal Regulation 
for Presidios which was ordered promulgated under date of September 10, 1772. 
Afterwards the eight missions of the province of Texas, San Antonio Valero, la 
Coneei)cion, San Jose de Aguayo, San Jiuin Capistrano. San Francisco de la 
Espada, Espiritu Santo, El Rosario and El Refugio, at the end of 104 years after 
the discovery and occupation of that province, almost depopulated, the five mis- 
sions established upon the slopes of the River of San Antonio de Bejar having 
been opulent. They still conserve their buildings and the ancient riches of their 
temples, but the value of their fields has sunk rapidly to the lowest point on 
account of the assaults of the Indians, the number of the missions being reduced 
to four through the secularization of that of San Antonio Valero. 

The consolidation of all the establishments of Texas, in their caj)ital villa of San 
Fernando having been proposed by the Caballero de Croix in the year 1781, Don 
Domingo Cabello, former Governor of Texas, volunteered to effect the indicated 
consolidation, proposing that the Presidio of La Bahia del Espiritu Santo, and 



—128— 

the two missions, San Juan Capistrano and San Francisco de Espada be destroyed, 
that the mission of San Antonio de Valero be the center of the new capital, and 
that the mission of San Jose remain in its site; which was not carried into effect, 
'etc. 

In a special narrative of each one of the jurisdictions of the province of Texas, 
or New Philippines, and the nations of Indians who inhabit them, of September 
23, 13, 1778, there is a statement regarding the first jurisdiction, which is that 
of the Presidio of San Antonio de Bexar, under whose protection was founded 
without boundary or limits the villa of San Fernando in the year 1730, the 
Marques de Casafuerte being viceroy. That the said villa, as also the missions 
of San Antonio Valero, La Purisima Concepcion, San Jose de Aguayo, San Juan 
Capistrano and San Francisco de Espada are situated near and on the banks of 
the River San Antonio, which is full-flooded and its waters very wholesome and 
easily drawn into the lands upon which are established the villas and missions. 



—129- 



THE CENTER OF OPERATIONS. 



The Hand))ook of American Iiidiinis, issued by the Bureau of Ameri- 
can Ethnology, gives the following interesting aeeoimt of the establish- 
ment of the Alamo and of its use as Ihe center of operations of the monks 
between the I?io Grande aiid East Texas : 

HISTORICAL SKETCH OF MISSION SAN ANTONIO DE VALERO 

("ALAMO"). 

A mission, commonly known as the Alamo ( Ah'-lah-mo) . transplanted in 1718 
from the Rio Grande to the site of the present city of San Antonio, Texas. It, 
together with the adjacent presidio and villa, was founded as an intermediate 
center of operations between" the Rio Grande and the East Texas missions, which 
had been re-established in 1716. The missionary part of the enterprise was 
planned and directed by Fray Antonio de San Buenaventura de Olivares. In 1700 
lie had founded San Francisco Solano mission, near the Rio Grande, in Valle de 
la Circumcision (Portillo, Apuntes para la Historia Antigua de Coahuila y Texas, 
209-270, 1888). It was subsequently moved to San Ildefonso. thence to San 
Joseph, on the Rio Grande a short distance from Presidio del Rio Grande (Valero 
Bautismos, folio 1). The principal tribe baptized at these places was the Xarame, 
although the Siaguan, Payuguan, Papanae and perhaps others were represented. 
By 1716, 364 baptisms had been performed (Valero Bautismos). In this year, 
when the government was planning a settlement between the Rio Grande" and 
East Texas, Olivares proposed transplanting this mission, with its Indians, to 
the river then called San Antonio de Padua, maintaining that his Xarames, since 
they were well versed in agriculture, would assist in teaching and subduing new 
neophytes (Olivares to the viceroy, Mem. de Nueva Espana, 169-170, M. S.). This 
plan was carried out in 1718, possession of the new site being formally given on 
May 1. The transfer was no doubt facilitated by the close affinity of * the tribes 
at the new site with those at the old. The mission was founded near the east 
frontier of the Coahuiltecan group. ■ The tribes or bands near bj' were extremely 
numerous and in general correspondingly small. One of the chief ones was the 
Payaya. 

This was not the first time they had heard the gospel, for in 1691 Massanet 
had entered their village on San Antonio river (which they had called Yana- 
guana), set up a cross, erected an altar in a chapel of boughs, said mass in the 
presence of the natives, explained its meaning, and distributed rosaries, besides 
giving the Payaya chief a horse. This tribe. Massanet said, was large, and their 
rancherias deserved the name of pueblo (Diario, ^lem. de Nueva Espana, XXVII, 
95-96. M. S.). 

Within about a year the mission, now called San Antonio Valero, was removed 
across the river, evidently to the site it still occupies (Espinosa, Chronica Apos- 
tolica, 450, 1746). From the records it seems that only one baptism was per- 
formed in 1718. In 1719 there were tuenty-four, mainly of Xarames and Payayas, 
but representing also the Cluetau, Junced (Juncal?) Pamaya, Siaguan, Sijame, 
Sumi and Terocodame tribes. The first decade resulted in about 250 baptisms, 
representing some forty so-called tribes. By February, 1740, there had been 837 
baptisms. Shortly before this an epidemic had gone through all the San Antonio 
missions, and left at Valero only 184 neophytes; but immediately afterward 
(1739-40) seventy-seven Tacamanes (Tacames?) were brought in (Mem. de Nueva 
Espana. XXVIII, 203-204, M. S.). A report made December 17. 1744. the first 
stone of a new church was laid, but in 1762 it was being rebuilt, a work that 
^eems never to have been completed (Diego Martim Garcia, 1745, op. cit., and 
Ynforme de Missions, 1762, jNlem. de Nueva Espana. XXVIII, 164, M. S.). Ac- 
cording to a report made in 1762, the books showed 1972 baptisms (evidentlv an 
exaggeration), 247 burials, and 454 marriages. There were then 275 persons, 
of the Xarme, Payaya, Sana, Lipan (captives mainly), Coco, Tojo (Tou) and 



—130— 

Karankawa tribes. Of this number thirty-two were gentiles of the last named 
tribe, whose reduction was then being attempted notwithstanding the opposition 
of the Zacatecan missions (see Nuestra Senora del Rosario). The same report, 
besides describing the monastery workshops, church chapel and ranch, says of 
the Indian quarters: 

"There are seven rows of houses for dwellings of the Indians ; they are made 
of stone and supplied with doors and windows; they are furnislioj with iiioh 
beds, chests, metates, pots, flat earthen pans, kettles, cauldiMus and boilers. 
With their arched porticoes the houses form a broad and beautiful plaza, through 
which runs a canal skirted by willows and fruit trees, and used by Hie Indians. 
To insure a supply of water in case of blockade by the enemy a curbed well has 
been made. For the defense of the settlement, the plaza is surrounded by a 
wall. Over the gate is a large tower, within its embrasures thre(i cannons, some 
firearms and appropriate supplies." (Trans, by E. Z. Rather, in Bolton and 
Barker, With the :Makers of Texas, 64-65, 1904.) For a deocription of the 
massive walls, see Bancroft, No. Mex. States 11, 207-08, 1889. 

After 1765 the activity of this mission suddenly declined, even more rapidly 
than that of the neighboring missions. This decline was contemporaneous, on 
the one hand, with the lessening of political activity in Texas after the acquisi- 
tion of Louisiana by the Spaniards, and, on the other hand, >vith a growing 
hostility of the northern tribes. It seems also trvie that the docile tribes, on 
which the mission had largely depended, were becoming exhausted. Moreover, 
the growing villa of San Fernando encroached upon the mission lands and 
injurious quarrels resulted. From 1764 to 1783 only 102 baptisms were re- 
corded for Valero, while a number of these were of Spaniards. In 1775 Inspector 
Oconor reported fewer than fifteen families there (quoted by Portillb, op. cit., 
297-98). In 1793 there were still forty-three Payaya, Sana and others, evidently 
survivors of families brought there long before. (Revilla Gigedo, Carta, De- 
cember 27, 1793, MS.) 

In 1793 this mission was secularized, and the lands were drvided among the 
neophytes and some of the citizens (not Indians) who abandoned Adaes in 1773. 
The walled inclosure and tlie buildings were later occupied by the company 
del Alamo de Parras. whence tJie name Alamo (Revillo Gigedo, op. cit.; Portillo, 
op. cit, 353-54), and in 1836 they became the scene of one of the most heroic 
events in all history — the famed resistance and annihilation of Travis and his 
men, ]\Iarch 6, 1836. The chapel is now the pro]:)erty of the State of I'exas. 

The baptismal records show the surprising number of about oik hundred ap- 
parently distinct tribes or sub-tribes represented at this mission during its 
whole career after the removal to San Antonio. These are Apache, Aion, Caguas, 
Camai, Cantuna (Cantanual), Gems (Querns), Chaguantapam. Chapamaco, Chu- 
apas, Cimataguo, Cluetan, Coco, Cocomeioje (Coco), Colorado, Comanche, Cup- 
dan, Exet, Gailan. Guerjuatida. Huacacasa Hyerbipiamo, Jancoe (Tonkawa?), 
Juamaca (Juampa?), Junced, Karankawa, Lipan, Maeoeoma (Cocoma), Manos 
Colorados, Manos Prietas, Maquems, IMatucar, Mayeye, Menequen, Merhuan, 
Mescales. Mesquites, Mulato, Muruam, Natao, Neepacha (Apache?), Nigco, 
Ocana, Pachaquen (cf. Pacuaches) . Pachaug. Paguanan, Pamaya, Papanac (Panac), 
Paquaclie, Pasqual, Pastaloca, Pataguo, Patau, Patauium, Palou. Patzau Paus- 
aqui, Ptiusay, Payaya, Payuguan (Payuhuan), Peana, Piniquu, Pita Pasaupsau, 
Quesal, Quimso (Qiienis), SecGiOco, Sencase, Siaban, Siaguan Siagnasan Siansi, 
Sijame, Sinieu, Sineizo (Senisos. Cenizos), Sulujame, Sumi, Tacames (Taca- 
means), Tenu, Terocudame, Tetzino, Texa (Hainai?), Ticmamar, Tshim, Tonkawa, 
Tonsaumacagua, Tucana, 'I'nu, Ujuiap (Aujuiap), Urticha, Xnrame, Xaraname 
(Araname), Yacdossa, Yman, Yojuan, Yorica, Yuta (Yute), Zorquan. 

Note. — Brown, Hist, of Texas, vol. 1, p. 417-421. 



-131— 



TRUSTWORTHY INFORMATION. 



The following" letter from Hon. W. 0. Murray, now and for a long 
time a member of the State Senate, and before his membership in the 
Senate, a member of the House of Representatives, is of importance, 
because it shows how the negotiations for the sale of the part of the 
Alamo owned b}^ Mr. Schmeltzer and his associates began : 

Austin, Texas, February 19, 1913. 
Governor 0. B. Colquitt, Aust-in, Texas. 

Dear Governor: Knowing that yon have devoted a great dpa! of time gather- 
ing data, both modern and ancient, with reference to the history of the Alamo 
and its purchase by the State of Texas, it .iccurs to me that I might be able to 
give you a little inside information with reference to the sale of Ihe property 
from Hugo & Schmeltzer to the State. 

In the early spring of 1899 or 1900 — I am not positive as to tho date — I was 
in the office of Hugo & Schmeltzer, engaged in a business transaction between 
the firm and myself. It was about 1 o'clock p. m. I was in Mr. Schmeltzer's 
private room when one of the office men opened the door and told Mr. Schmeltzer 

that Mr had been in the office in the morning and had requested 

him to tell Mr. Schmeltzer "that he would give him $85,000 for that property." 
The old man arose from his seat and motioned his hand to the young man, saying, 
"Tell him it is not on the market, not on the market, and that I do not care 
to see him." 

He turned to me and asked me if I could spare the time f,u talk with him 
a while. I replied that I could. He began to talk to me about the early his- 
tory of Texas, but we were interrupted every few minutes by soincone opening 
the door and addressing him with reference to some business matter. He finally 
remarked, "We can not talk here ; come with me to some quiet place where we 
can talk." We went across the plaza and into a back room of Kalteyer's drug 
store, or that vicinity, I think. 

The old man rehearsed his early life, telling me of his boyhood days and of 
how iie earned his first dollar, giving biographical sketches of many of the old 
Texans and of the early history of the State. 

He also fought again the battles of the Confederacy and seemed to be an un- 
reconstructed rebel. I suppose we began this conversation about. 2 o'clock p. m., 
and about sundown he asked me what could he do with the Alamo property ; if 
there was not some way by which the State of Texas could be induced to take 
it and guarantee the proper care and preservation of the Alamo y 

I concluded from all he had said that he contemplated, or rather was anxious 
to make the State a present of the property. I told him that I could only 
speak "extempo," as it was a matter I had not given much th-iiight to, but that 
in my judgment, people as a rule did not think much of anything unless they 
paid for it; that the Alamo was a shrine at which all Texans would be glad to 
bow; that it ought not to be preserved to posterity by charitv oi (lie donation 
of a private individual, hence my advice would, be to arouse public sentiment 
first, educating the people to the point that they would be willing to purchase 
and preserve the Alamo. 

He replied: "I am very old; I can not live but a short time, and what I do 
I must do quickly; if I leave the matter open until such time as the people 
may become interested in same, I Avill have massed to my reward beyond, and 
besides," he remarked, "I have never been in the public eye of the people of 
Texas and do not believe they would pay any attention to my suggestions." 

I told him he would not be expected to do the work necessarv to call the 
matter to the attention of the people of Texas; that he could find someone else 
who would gladly do it. He asked me who. I told him of Mrs. Loosean of 
Houston, who is known to be a very patriotic woman and a sister of my most 



—132— 

intimate and personal friend, and that I was sure she would be willing to under- 
take the work in Houston, and that I felt constrained to think that Miss Adina 
De Zavalla would be glad to take up the work in San Antonio. 

We discussed this plan at length, he arguing that an efl'ort of tliat kind was 
too uncertain; that he was too old to expect to live to see a consummation of 
this plan. I then told him not 'to wait; that it was not necessary to wait; 
that if the ladies would undertake the work that he could give ^hcrin a contract 
of sale which would provide for consummating the sale even tliOiurh he should 
die in the meanwhile. 

After mature reflection this seemed to please him, and he told me he was 
going to act upon my advice. He then asked me what he ought to ask for the 
property. I told him that he ought to place as near the real value upon same 
as possible. I asked him what he thought it was worth hy comparison to other 
property adjacent. After thinking a while he said he thought about $75,000. 
He said : "You heard the offer I had this evening of $85,000, and I am almost 
certain that I could sell the property in twenty-four hours for $100,000." 

I then suggested that he place his price at $100,000 and head the subscription, 
to the purchase with $25,000. This seemed to please the old man very much, 
and he thanked me kindly for so patiently listening to him and for the advice 
I offered, and remarked: "I think this is all right; I think 1 shall do it 
right away." 

It was but a short time after this conversation when I saw in tiie newspapers 
that he had contracted with Miss De Zavalla to sell her the ])ro])erty. 

Very truly yours, 

W. O. MURRAY. 



—133— 



A CONFERENCE IS CALLED. 



Some people have made an especial effort to create the impression that 
they have not heen given a hearing- and fair chance to make good their 
stewardship. But the following account of a meeting called by the Gov- 
ernor, of those interested in the Alamo, at the St. Anthony Hotel in 
San Antonio on December ?8, 1911, is given to show the contrary of 
such contention. The statement is a fairly good and accurate account 
of the meeting: 

BY TOM FINTY, JR. 

Three-quarters of a century ago the great tragedy of tlie Alamo was enacted. 
To commemorate the deathless valor of the men wlio gave up their lives in that 
fortress, fighting for the liberty and independence of Texas, the State purchased 
the Alamo chapel, and later, some seven years ago, purchased a tract adjoining 
the chapel, upon which stood and yet stands what has been known as the Hugo 
& Schmeltzer building. At the time of the purchase, plans were on foot to build 
a modern hotel upon the site. The Daugliters of the Republic of Texas, holding 
the ground at least to be a part of the original Alamo tract, and therefore sacred, 
endeavored to raise money to acquire it. They raised $20,000. Miss Clara Dris- 
coll advanced the remaining $05,000 at a critical time. Then tlie Daughters went 
before the Legislature, with the result already stated. In authorizing the pur- 
chase, the Legislature made the Daughters of tlie Republic custodians of the 
property, subject to the approval of the Governor. 

That provision of the act has proven to be a grievous error. Out of it has 
grown a dispute within the ranks of the Daughters concerning wliat shall be done 
with the property, a dispute wliich can only be regarded as tragic by those who 
love Texas and who know of the personal worth of the disputants, all descendants 
of the men who gave Texas independence. It is a pitj-, a tragedy, that the women 
who worked so nobly in unison to preserve the property should now be divided 
by a schism of long standing and intensity. The settlement of the future of the 
property is scarcely more important than is the restoration of harmony within 
that worthy organization, the Daughters of the Republic. 

Governor Assumes Control. 

The men folk of Texas have long felt that the breach would not be healed and 
the organization resorted to a condition to achieve its high purposes until the 
property was taken out of their hands and administered l3y State officials or by 
a commission appointed by the State government. 

That is practically what Governor Colquitt did at the conference which assem- 
bled in San Antonio last Thursday, upon his bidding. He gave it out flatly that 
he would be no party to the dispute between the Daughters; that he regarded 
both the chapel and the Hugo & Schmeltzer building as parts of the Alamo: that 
he desired information sJiowing what was the condition of these buildings before 
the battle; announced his purpose to restore the buildings to sucli condition, and 
declared with emphasis that he meant to assume the entire responsibility. 

Sort of Peace Conference. 

The dispute between the Daughters of the Republic, therefore, becomes futile, 
and the Governor's meeting may be regarded as in the nature of a peace confer- 
ence. It was managed with an adroitness which somewhat reminds one of the 
smoothness of Solomon in deciding the dispute between two women for the pos- 
session of a child, the maternity of which was asserted by both. Only, of courge, 
Governor Colquitt couldn't offer to divide the Alamo and give half to" each of the 
factions. What he did make plain was that tlie Alamo was the cammon heritage 
of Texas, not peculiarly the property of the Daughters of the Republic, and that 



— 13i— 

he as the representative of all of the people of Texas desired information from the 
Daughters and all other persons competent to give it, and then purposed acting, 
not for either faction nor for both, but for the State of Texas. 

Moreover, step by step, he brushed away such immaterial issues as to whether 
or not the property had been devoted to commercial purposes, and got his audience 
down to the one material issue, which is : How much of the existing buildings 
was there at the time of the battle? 

The Governor intends to tear away all the frame part, which it is generally 
agreed is modern. He will be guided in determining what shall be done with the 
walls and as to restoration by what shall be disclosed by the uncovering of the 
masonry and by excavation ; by historic data, and by such reports as may be 
obtained from the archives of the Eepublic of Texas and the Federal Government 
at Washington. 

The opinion of this writer is that tlie frame part of the Hugo & Schmeltzer 
building ought not to be torn away until the Governor is prepared to act and act 
quickly in the work of restoration, to whatever extent that may be determined 
upon. The unprotected walls would suffer some from the weather, and there is 
some danger that they might be intentionally demolished. There was talk in 
San Antonio at one time of taking a mob and destroying the "shacks" on that 
ground. 

Daughters' Dispute Outlined. 

About a year ago. the writer published two articles explaining the dispute and 
collateral matters. It seems in order to brief a part of that report here. 

One faction of the Daughters of the Republic, led by Miss Adina De Zavala, 
has contended that the walls of the Hugo & Schmeltzer building are original parts 
of the building in which the defenders of the Alamo made their last stand, being 
then referred to as the barracks or fortress, and originally the convent or monas- 
tery of the Alamo mission. They assert that these walls should be preserved and 
the building restored. 

The other faction, led by Miss Clara Driscoll, now Mrs. Hal Sevier, contends 
that the Hugo & Schmeltzer building is not historically, sacred; that of its wall 
only eight feet was a part of the Alamo, and that was simply a wall inclosing 
the grounds of the monastery, whereas the monastery itself was further back. 
They would tear all of this building down, take away all the commercial part, 
as they term it, and leave only the jagged remains of the eight-foot wall. They 
would make the grounds into a park and erect upon it a monument to the heroes. 
They agree that the grounds are historically sacred, but they contend that the 
Alamo chapel is the real Alamo. 

The De Zavala faction answers that historical data all identifies the so-called 
Hugo & Schmeltzer building as the fortress or monastery in which the heroes 
made their last stand; and in response to the contention that only jagged remains 
shall be left, they cite historic data to prove that the church itself was a ruin 
at the time of the battle, and ask if the restored portions of the church shall be 
torn away and its jagged remains left. 

The Driscoll faction contends that the Hugo & Schmeltzer building was erected 
by the quartermaster's department of the United States army after annexation 
of Texas, and some suggest that Mr. Grenet, who subsequently owned the prop- 
erty, may have built a portion of the walls. 

Governor Colquitt mea.ns to have the records ransacked to see if any such con- 
struction was done by the United States government. 

Amusement Palace Project. 

A project has been on foot in San Antonio for some time to erect an amuse- 
ment palace on the lot immediately back of the Alamo tract. This lot fronts 
eighty-nine feet on Houston street and is 168 feet deep. If the so-called Hugo & 
Schmeltzer building shall be demolished and a park created, the aforesaid lot 
will have a frontage of 1G8 feet on said park and Alamo Plaza, and this is held 
out as a considerable advantage in the amusement company's prospectus. If the 
building shall be restored, that advantage M'ill not accrue. ) 

The writer still believes that the Hugo & Schmeltzer walls are a part of the 
original Alamo. The Daughters of the Republic, when they came to Austin with 
a united purpose, first convinced him of that fact. Their bill which the Legis- 
lature passed stands as mute evidence upon that point. It provides that the 



—135— 

property shall be "maintained in good order and repair," and shall be "remod- 
eled and maintained." There isn't a word in it about demolition nor parking. 

Benefit of Doubt. 

Historical data verifies and strengthens that conclusion. Any doubt should 
be resolved in favor of the status quo. It would be better that a stone laid 
there by men in commerce (is commerce necessarily a crime?) shonid be suffered 
to remain than that the mistake should be made of removing a stone that was 
there when the heroes died. The error in favor of the status quo would not be 
fatal ; the error against it would be beyond repair. It is well to remember, too, 
that Travis and his men did some restoring and building before the battle. 
The Alamo at that time was by no means entirely of Franciscan construction. 

Moreover and lastly, the writer believes that in no event should the build- 
ings be torn away before the Legislature has had a chance to enact a law 
protecting the site from undesirable occupancy of abutting premises. The writer 
does not object to people drinking beer if they feel so disposed, but does insist 
that the State ought not maintain a park as the front yard of an institution 
where beer is sold or in which dancing and other amusements ore conducted. 

Further than this the writer will not obtrude personal views. The remainder 
of this article will be devoted to a somewhat detailed report of the Governor's 
peace conference. 

Participants in Conference. 

Present at the conference were Mrs. W. P. Anderson of Amarillo and Mrs. 
Hal Sevier of New York City, nee Miss Clara Driscoll of Texas, and the follow- 
ing residents of San Antonio : Gustav Schramm, INIrs. E. W. King, Cliarles T. 
Boelhowse, Miss Eleanor Wilson, Mrs. F. R. Dunlap, Mrs. E. 0. Spencer, Mrs. 
L. J. Northrup, Mrs. M. J. Keeran, Miss Marguerite Coleman. iNIrs. T. A. Cole- 
man, Mr. and Mrs. Pompeo Coppini, Miss Anne Brown, IMrs. D. J. Allen, F. F. 
Collins, Mrs. Nellie Jameson, Mrs. W. L. Bringhurst, Miss Miriam Winsor, Mrs. 
T. M. Winsor, A. B. Briscoe, Mrs. C. Briscoe West, Miss Adina De Zavala, Mrs. 
W. H. Beck. IMrs. F. W. Applewhite, Mrs. H. M. Newton, ]\Irs. Bettie Carnar, 
Mrs. Nat Mitchell, Mr. and Mrs. C. E. Channing, H. P. Drought, H. L. Page, 
Charles Merritt Barnes, Mrs. J. J. Stevens^ Mrs. Frank Paschal, JNIr. and Mrs. 
E. P. Jersig, Hal King, Mrs. Susan Roach, Mrs. 0. M. Farnswortli, Miss Mary 
Elliott Howard and Mrs. Sarah Elizabeth Eager, custodian of the Alamo chapel 
for the Daughters of the Republic. 

Governor Colquitt opened the proceedings by saying that the Legislature had 
appropriated $5000 to be expended under the direction of the Governor and the 
Superintendent of Public Buildings and Grounds for the purpose of remodeling 
and restoring the Alamo, and he had called the meeting f(u- the purpose of 
receiving evidence tending to show the condition of the Alamo at the time the 
battle was fought or after the battle, and he invited submission of tlie same. 

H. P. Drought read a communication from Mrs. Rebecca Fisher, president of 
the Daughters of the Republic, and the other officers and executive committee 
of that association, asking the Governor to sanction their plan for tearing down 
the Hugo & Schmeltzer building and for parking of the grounds. 

Hal King informed the Governor that Miss Adina De Zavala was present to 
submit historical data and asked that she be heard. 

Miss De Zavala said she would be glad to let the gentleman (jSlr. Drought) 
present everything he had to say and then follow with a presentation of the 
''historical side." 

Against Park Project. 

"It might be well for me to state," said Governor Colquitt, "that I am not a 
party to any controversy between the descendants of those Avho established the 
independence of Texas, but am here for the purpose of learning facts. I have 
already declared myself upon this question. I do not believe there is any mon- 
ument that can be erected on this spot of ground that can take (.he place of the 
biiildings that constituted the fortifications of Travis and his mon, and as long 
as I am Governor of the State I will not give my consent, to use it as a park or 
for a monument to the valor of these men. 

"I want information this afternoon upon which I can act, foi* I am going to 
assume all the responsibility for my action. If I can find out how this build- 



—136— 

ing looked when Travis lost his life, I Avill sptiul every dollar ivt my disposal 
to make it look like it looked then. I want information. T'len J am going to 
assume the responsibility, and no power can budge me from my determination. 
(Applause.) I am not going to let this meeting be taken up wirh joint debates. 
I speak vei-y plainly about it. I am going to tear down that fire tiap in so far 
as additions have been made since the battle. I want to build a substantial 
stone wall along Houston street, and I want to clean out that ditch and make 
it look as it did at the time of the battle, and I want to put all of the com- 
mercial vandals out of the Alamo. (Applause.) I tried to do that on the first 
of September. If this State can not maintain the Alamo as a, monument it 
shall not be used for commercial profit while I am Governor. 

"I am not going to take part in the controversy between the l^aughters of 
the Republic. The statute gives custody of the Alamo to the Daughters of the 
Republic, subject to the approval of the Governor, and as long as I am Governor, 
I am not going to let the proper supervision of that building pass out of my 
hands. I am not a Daughter of the Republic, but I am a Tcxari, and . I am 
going to protect that monument. I had relatives who helped establish the Re- 
public of Texas, and I have an interest in the Alamo. Also, while I am Governor 
I am going to see if we can take charge of the ground where Fannin and his men 
lost their lives at Goliad. (Applause.) 

Governor Urges Unity. 

"This is a proposition upon which we should be vmited. The Alamo as a park 
might be very pretty, but it would not be a monument." (i\Ir. Drought — We 
want to put up a monument in it.) "We can cultivate flowers elS'^where, but the 
flowers here would not be a monument. Therefore, we want to preserve the 
Alamo as a monument. 

"I say this to save time; the only question I will listen to is as how we 
can spend this money to restore the Alamo to the condition in which it was 
when Travis and his men fell. We can not retain it in the form in which it was 
after the battle. That would be impracticable. You can not maintain the house 
as a ruin, but you can restore it and maintain it, and when people come here 
from all parts of the world you can point out the place where Ssmta Anna made 
his assault, the place where Travis fell, etc. 

"I won't consent to tear down the Hugo & Schmeltzer building. (Applause.) 
It is a part of the Alamo. Not all of the Alamo is there now; but as long as I 
can exercise the authority now vested in me^ I will not consent to the tearing 
down of the walls that were there as a part of the Alamo." (Applause.) 

Republic Natives Applaud. 

F. F. Collins said: "As an old Texan, I think the Governor has expressed the 
desire and wish of the organization known as the Natives of the Republic of 
Texas. That is the desire and wish of every member, with one or two possible 
exceptions, of the association of which I am president. I don't think there is a 
single man in that association but who is in favor of doing just about what the 
Governor has been talking about. I don't want to express my individual feelings 
because the Governor has cut that out, but I am willing to givt $500 toward 
restoring the Alamo property as it stood (applause), and I believe J can make 
up sufficient money to restore it as it was before the battle of tlie Alamo. Five 
thousand dollars is not enoiigh. There is no question but it can he shown his- 
torically how the Alamo looked, and there is patriotism in San Antonio to help 
the State restore the property." 

Mrs. Sevier's Position. 

Mrs. Hal Sevier had just entered, and had not heard the Governor's remarks. 
She asked: "Is this a proposition to restore the old mission, or v/hat shall be 
done with this mercantile structure, the Hugo & Schmeltzer building, concerning 
which no one can feel any sentiment?" 

Governor Colquitt repeated the substance of his remarks, S'lying he had com- 
mitted himself against tearing down any part of the Hugo & Schmeltzer building 
that represents walls of the Alamo, and that he believed it was a part of the 
Alamo proper. 



—137— 

"I don't think any of us wlio are ])atriots slioukl lio niisuncl;'r>loiul." said Mrs. 
Sevier. "1 have never sanctioned touciiing one of the oriyinai stones; but I 
don't think the Alamo should be disgraced by this whisky house, wiiich obscures 
the most remarkable relic of the world." 

• "I agree entirely with that sentiment.'" C4overnor Colquitt replied. "The fact 
that these walls have been used for commercial purposes is not the fault of the 
present Executive; the fact that they were used for a whiskv house is not his 
fault. But the fact that they were used for such purposes is not a good reason 
why the walls used by Travis and his men in the defense of Texas should be de- 
molished. The walls which were then standing, we want to pr< serve." 

Mrs. Sevier — So do we. Governor. 

Governor Colquitt repeated tliat it was liis purpose to restore tlie building to 
the condition it was in at the time of the battle. 

Mrs. Sevier — You don't mean to restore it as it was built by tlic Franciscan 
fathers before the battle? 

The Governor — I am not going back of 18:^(3. I want to rerioro it as it was 
before Travis defended it, and will do so if it takes $50,000, and 1 can get the 
money. If you have information as to how it looked then, I would like to have 
it. If notj this meeting will be adjourned. 

Kinsman of Jemison. 

Charles Merritt Barnes said that his kinsman. Green B. Jriuis'jM, who was 
killed in the battle of the Alamo, planned the defense of the Alanio, and that 
there was present a lady who had a letter written by Jemison shortly before the 
battle, describing the Alamo. He further said he was glad to hear tiie lady who 
started the movement for the preservation of the Alamo (Mrs. Sovier) say she 
was in unison with the idea of preserving it. He further delivered a message 
from his aunt, Seramus Jemison of Marshall, a cousin of Green B. Jemison, say- 
ing she hoped the Governor would restore both the chapel and tiie convent as 
monuments to the heroes who fell there. He further said that one of the Mav- 
erick family was willing, if the buildings should be restored, to donate one of the 
original Alamo cannon, which is in his possession, to be placed upon liie building. 
]Mr. Barnes presented to Governor Colquitt a copy of his recently published book, 
"Combats and ( onquests of Immortal Heroes," which contains an a.-i ount of the 
battle of the Alamo, historic data as to the fortress and an argument in favor of 
restoring the buildings. ]\Ir. Barnes devoted much of his time during thirty 
years to gathering the data and writing the book. 

Miss De Zavala Submits Data. 

Miss De Zavala was then heard. She submitted a number of Histories of 
Texas. They all tell the same tale, she said. All the plats, maps ai'.d descriptive 
matters show that the walls now standing, and known as the H^.igo & Schmeltzer 
building, the convent or the monastery, are the original walb' of the fortress.. 
She read from Yoakum's History of Texas, published in 185G, wherein it is stated 
that this building was a two-story stone building; that the Texans retreated 
into that building; that the chapel was a ruin at the time of the battle. It 
was impossible, she observed, that the battle could have been foutfht in the 
chapel. She further read from Yoakum his statement that before him was a 
letter from Green B. Jemison with a plat and description of the Alamo just 
before the battle. 

Miss De Zavala said that she had this letter and plat, heretofore unpublished, 
with her, and she jjroceeded to read the former, ihe letter was directed to Gen- 
eral Houston: refers to the plat; describes the condition of the buildings. Among 
other things it says: "Tlie church of San Antonio is in the Alamo iind adjoins 
the fortress." Miss De Zavala directed attention to the fact that tlie fortress 
as shown by Jemison corresponds with the so-called Hugo & Scl!me!t?er building. 
She also directed attention to Jemison's recommendation that tii-^ adobe quarters 
for the men be torn down and that houses of stone be erected, it being said 
that "there is plenty of stone in the old ruins of the church San Anfonio." 

The Governor — He desciibes the church as a ruin. If that were true, why was 
it necessary for Santa Anna's men to knock a hole in the walls to get into it? 

Miss De Zavala said they did not. There were guns on the chanel, however. 
Some of the historians say the Mexicans came over the west wall ; others say over 



—138— 

the south wall. It made little difference, she said. The undisputed historic fact is 
that the Texans retreated into the long building and made their last stand. She 
referred to the story of INIrs. Dickinson and others, and said she thought she had 
proved that the existing building was there in 1836. However, she had a map 
of the United States government and much other data. 

Governor Colquitt asked her to send this to him at Austin. 

"Will Preserve Both." 

"I think," said Gustav Schramm, "the question is wliat constitutes the Alamo." 

The Governor — Xo; don't waste ony time on that. The chapel and the Hugo & 
Schmeltzer building are both the Alamo. 

Mr. Schramm — That is correct. I think the question is which shall we preserve. 

The Governor — We are going to preserve both. 

Mr. Schramm — If that is the case I don't think it is necessary for me to say 
anything. 

The Governor — It is of no use to ask me to tear down either one ; I would use 
the militia, and the rangers, too, if necessary, to prevent it. Neither the chapel 
nor the Hugo & Schmeltzer building shall be destroyed. My reading of Texas 
history teaches me that they are both sacred. 

Mr. Schramm declared that history showed the so-called Hugo & Schmeltzer 
building was standing at the time of the battle of the Alamo; it was not built 
by the United States army, but was in existence when Texas was annexed, and 
there were living witnesses who had seen the patches made by the United States 
army. 

"Believe in One Alamo." 

Mrs.' Sarah Elizabeth Eager, custodian of the Alamo chapel for the Daughters 
of the Republic, said that her father came to San Antonio in 1839. She had been 
brought up to believe there was but one Alamo, "and that the one I am in today." 
She said the outer wall of the Hugo & Schmeltzer building was originally only 
eight feet high, and was put up as a fence, to protect the monastery. 

TJie Governor — Do you think that wall ought to be torn down? 

Mrs. Eager — I liave no sentiment in the matter. I think the ground all around 
is sacred. If the Governor wants to leave that wall there I do not object. I have 
no love for the old eyesore. If a widow owned it, they would have compelled her 
to move it long ago. 

The monastery, she declared, was on the other side of this wall. Several priests 
whom she had interrogated, she said, had told her she was right; that a monas- 
tery was never put in front of a church. 

Governor Colquitt said he thought none of these arguments had any bearing 
whatever. If citizens let the building get into private use, it did not militate 
against restoration. "If it is a part of the Alamo we want to preserve it," he 
repeated. 

Mrs. Eager — If that is true, we owe a debt of gratitude to Miss Clara Driscoll. 

The Governor — I think so too. 

Governor Congratulated. 

At this juncture an elderly lady, Mrs. E. W. King, came forward and, grasping 
the Governor's hand, excitedly said : "Governor, I want ■ to congratulate you. 
That is certainly a part of the Alamo. I wish I could talk about it, but I am 
too nervous." (Applause.) 

Governor Colquitt welcomed her to a seat beside him. 

Referring to the clause in the marriage ceremony, "Speak now, oi- forever 
after hold your peace." he declared that he wanted the necessary information to 
be presented at this time and not later, adding that when he had made up his 
mind he was about as stubborn as was Travis. He repeated what he had formerly 
said about tearing down the frame structures, and added that when that was 
done, architectural evidence as to the original walls might be disclosed. 

"If anybody objects to this plan, I would like to hear the reasons. (Applause.) 
As there is no objection, it is understood that that part is unanimously agreed to. 
(Applause.) I take it that the wall that is there now is of the kind that was 
all around the Alamo. I have an idea, too, that the ditch is a part of the Alamo 
and we are going to move that fence on the opposite side of the ditch, unless 



—ISO- 
somebody stops US. (General applause.) We are going to claim all to tlie other 
side of the ditch as a part of the Alamo." 

To Restore Monastery. 

Mrs. Sevier — Is there anytliing in contemplation about restoring the roof of 
tlie chapel? 

The Governor — Yes. tlie roofs of tlie monastery and tlie chapel both just as they 
were. 

Mrs. Eager — You will have to build up a monastery, then, back there. 

The Governor — It doesn't cut any figure whether Travis and his men were in 
the monastery or not; it was- a part of the Alamo and we are going to rebuild it. 

Mrs. King here took a part in the debate, saying the things which she had 
theretofore wanted to say. 

"Why rebuild it?" she exclaimed. "Why rebuild it, when it is there now just 
as it has stood for many years? It has been there while I can remember. I am 
77 years old today. My parents came to San Antonio when I was 9 years old. 
Manv a time I have scaled the walls. This building was a two-storv building 
then."" 

The Governor — Has anybody got any better evidence than that? 

Mrs. Susan Roach said that she could not testify so far back, but her mother 
had lived within five blocks of the Alamo as early as 1827 and she never spoke 
of the walls as being two-story. She said that people differed in their recollection 
of buildings, just as they differ in their recollection of fights. 

Governor Colquitt asked if it would be conceded that if the walls were built 
up by the United States government there would be some evidence of that fact 
in the archives of the Republic at Austin or of the government at Washington. 
He asked if anybody objected to that kind of evidence. None was heard, and the 
Governor declared it to be conceded that such evidence would be good. 

What's the Difference? 

Mrs. Roach — My mother never believed it was used as a convent. 

The Governor — What difference does that make? 

Mrs. 0. M. Farnsworth — It was only a wall. 

The Governor — What is the objection to it as a wall without a roof? 

Mrs. Sevier — There is no objection to its standing as a wall, but why build a. 
Franciscan monastery where there was none? 

The Governor — If .anybody has evidence that it was an eight-foot wall and not 
a building, let us have proof of it. It is asserted on the one hand that the outer 
wall of the Hugo & Schmeltzer building was two stories and was part of the 
monastery. On the other hand, it is contended that it was an eight-foot wall to 
protect the monastery which was in the rear. Now, is there any objection to 
having that eight-foot wall stand as a part of the Alamo? 

Mrs. Roach — We want it to stand as it was after the battle; they left it jagged 
and torn." 

The Governor — Y^ou want the scars of the cannon balls to remain? How will 
you maintain ruins in that condition? 

Mrs. Farnsworth — In Europe they maintain them by training ivy and vines 
over them. 

The Governor — Suppose we adopt that plan; who will tell us where the holes 
were ? 

Mrs. Farnsworth — We can't do that, but architects can tell the old masonry 
from the new. 

Mr. Collins — The building should be restored as it was before the battle — not 
afterward. 

Best Kind of Monument. 

The Governor — It has occurred to me that if we could ascertain the condition 
of the building as it was before Santa Anna assaulted it. restore it to that con- 
dition and then mark the ppot where Travis fell, etc., it would be best. But I 
api)reliend it would be very difficult to put it in the condition it was after the 
battle and maintain it. 

Mrs. Eager renewed the suggestion that the building be torn down and a monu- 
ment erected in the park. 



—140— 

■'There is a monument in Austin to the heroes of the Alamo, but we liave none 
here," she said. 

The Governor — Texas could build a monument 7000 feet high, and it wouldn't 
commemorate their deeds like these buildings. (Applause.) 

Mrs. Eager — But not a building that was a whisky house. 

The Governor — Its use does not detract from the sacred character of the monu- 
ment. We don't want to designate it as Hugo Schmeltzer's whisky house or 
grocery any more. 

"Don't Call It Whisky House. 

Mrs. King — Don't refer to it as the Hugo & Schmeltzer whisky shop any more. 
It hurts me! It hurts me! We can't help it. 

The Governor — Now, I think we all understand each other, and I have gained 
about as much information as I had when I came. If there is anybodj' who knows 
more about the Alamo than I do, come up here and let us have the information. 
Now I want you to go with me to the Alamo. I am going to jjolnt oiit what 
I intend to tear down. You might talk to me a thousand years and you couldn't 
change my opinion about tearing those parts down. 

Upon motion of Mr. Collins a resolution was passed thanking Governor Col- 
quitt for the fair manner in which he had conducted the inve-tiga(ion. 

Thereupon the meeting was adjourned, and the party went wHh Governor Col- 
quitt to the Alamo. The inspection was confined to the tract bought from Hugo 
& Schmeltzer some six years ago. At the front of this, facing Alama Plaza, is 
what is known as the Hugo & Schmeltzer store or warehouse. The front and 
the two ends of this are of heavy masonry, about four feet thick, two stories, 
or about eighteen feet in height. Above this masonry the walls are continued in 
wood for some three feet. The back wall of the storehouse is of wood, as is the 
roof and the floors. All of this woodwork the Governor intends to tear away. 

One faction contends "that these stone walls are, except for some repairs, as 
they were originally ; that they were a part of the monastery, two stories in 
height, and that evidences of the rear wall of the monastery may be found by 
excavation. 

The other faction contends that these walls were but eight feet in height, and 
constituted but a fence around the monastery, which they claim was further 
back. They declare that when the woodwork is torn away a-rd the plaster re- 
moved from the walls it will be disclosed that the masonry above the eight-foot 
.line was of a later period. Architects, they say, can determine Lhe difference, 
as they have done in the ruins of Babylon and Nineveh. 

The first mentioned faction deny that the judgment of the architects would 
be unerring or that it would constitute evidence to overcome the hi-5':orical data, 
and they point to the fact that the masonry above the eight-foot line is so mas- 
sive as to preclude the idea that it is recent and build for commercial purposes. 

Back of the Hugo & Schmeltzer building there is another loic wall, to which 
have been tied a bunch of frame sheds of modern construction, which have been 
used as a livery stable, blacksmith shop, etc. This wall is of stone, some four- 
teen feet in height. 

One of the men in the party declared that it was evidently of modern con- 
struction, as the arch in the central doorway is of brick. 

"Evidently the old arch was torn away, and they built a now one of brick 
at a later period," said Governor Colquitt. 

The stone above the other doorway is supported by wooden b^ams, seemingly 
of live oak. One lady remarked that this wall evidently was recent, as "they 
had no stone quarries when the mission was built." She did not explain upon 
what authority she made this statement. 

All of these frame sheds are also to come down. It is Governor Colquitt's 
idea to award the contract for this wrecking to a San Antonio man who offered 
to do the work for the salvage and to pay the State $200 as a bonus. 

The Bishop of San Antonio has promised Governor Colquitt that he will have 
an examination made for all of the records of the church pertaining to the 
Alamo, and will furnish him a translation of the same. 



PART THREE. 



THRILLING STORY OF THE SIEGE AND FALL OF THE ALAMO. 



"The Fall of the Alamo" was the title of an liistoric article by Cap- 
tain R. M. Potter of the United States Army, published in the "Maga- 
zine of American History" in 1878. The article is reproduced below 

in full : 

"THE FALL OF THE ALAMO." 

The fall of the Alamo, and the massacre of its garrison, which in 18.36 opened 
the campaign of Santa Ana in Texas, caused a profound sensation throughout 
the United States, and is still remembered with deep feeling by all who take an 
interest in the history of that section, yet the details of the final assault have 
never been fully and correctly narrated, and will exaggerations have taken their 
place in popular legend. The reason will be obvious when it is remembered that 
not a single combatant of the last struggle from within the fort survived to tell 
the tale, while the official reports of the enemy were neither circumstantial nor 
reliable. When horror is intensified by mystery, the sure product is romance. 
A trustworthy account of the assault could be compiled only by comparing and 
combining the verbal narratives of such of the assailants as could be relied on for 
veracity, and adding to this such lights as might be gathered from military 
documents of that period, from credible local information, and from any source 
more to be trusted than rumor. As I was a resident at Matamoros when the 
event occurred, and for several months after the invading army retreated thither, 
and afterwards resided near the scene of action, I had opportunities for obtaining 
the kind of information referred to better perhaps than have been possessed by 
any person now living outside of Mexico. I was often urged to publish what 
I had gathered on the subject, as thereby an interesting passage of history might 
be preserved. I consequently gave to the San Antonio Herald in 18G0 an imperfect 
outline of what is contained in this article, and the communication was soon after 
printed in pamphlet form. Subsequently to its appearance, however, I obtained 
manj^ additional and interesting details, mostly from Colonel Juan N. Seguin of 
San Antonio, who had been an officer of the garrison up to within six days of the 
assault. His death, of which I have since heard, no doubt took away the last 
of those who were soldiers of the Alamo when it was first invested. I now ofi'er 
these sheets as a revision and enlargement of my article of 1860. 

Before beginning the narrative, however, I must describe the Alamo and its 
surroundings as they existed in the spring of 18.36. San Antonio, then a town 
of about 7,000 inhabitants, had a Mexican population, a minority of which was 
well affected to the cause of Texas, while the rest were inclined to make the 
easiest terms they could with whichever side might be for the time being domi- 
nant. The San Antonio River, which, properly speaking, is a large rivulet, 
divided the town from the Alamo, the former on the west side and the latter on 
the east. The Alamo village, a small suburb of San Antonio, was soiith of tlie 
fort, or Mission, as it was originally called, which bore the same name. The 
latter was an old fabric, built during the first settlement of the vicinity by the 
Spaniards, and having been originally designed as a place of safety for the 
colonists and their property in case of Indian hostility, with room sufficient for 
that purpose, it had neither the strength, compactness nor dominant jjoints which 
ought to belong to a regular fortification. The front of the Alamo Chapel bears 
date of 1757, but the other works must have been built earlier. As the whole 
area contained between two and three acres, a thousand men would liave barely 
sufficed to man its defenses ; and before a regular siege train they would soon 
have crumpled. Yoakum, in his history of Texas, is not only astray in his 



N 



W — E 






H\n 



k 



K 



*1 — itt^ 



i 



P/ckef- Fgnce 










:■;♦.*;. 



77/2f ALAMO 

Sy 

Qpt R.M. Potter; USJ. 



This" is the ground floor plan of the Alamo buildings as drawn by Captain Potter. At the 
time of the Massacre of the Alamo Captain Potter was stationed at Matamoras, Mexico. He 
visited the Alamo in 1841. The foundation of the walls around the "small area" were traced 
last year and located; so were the inside walls of the long building and we were busy restoring 
these when the suit of injunction was filed. 



—US- 
details of the assault, but niistakon about the nieasuiomciit of the place. Had tlie 
works covered no more ground tlian lu' represents, the result of the assault might 
have been diflferent. 

From i-ecollection of tlie locality, as I viewed it in 1841. I could in 1860 trace 
the extent of the outer walls, which had been demolished about thirteen years 
before the latter period. The dimensions here given are taken from actual 
measurement then made, and the accompanying diagram gives correct outlines, 
though witliout aiming at close exactitude of scale. The figure A in the diagram 
repiesents the cliapel of tlie fort. 75 feet long, 02 wide and 22i high, with walls of 
solid masonry, four feet thick. It was originally of but one story, and if it 
then had any windows below, they were probably walled up when the place was 
prepared for defense. B locates a platform in the east end of the chapel ; C 
designates its door, and D marks a wall, 50 feet long and about 12 high, con- 
necting the chapel with the long barrack, E E. The latter was a stone house of 
two stories, 186 feet long, 18 wide and IS high. F ^ is a low, one-story stone 
barrack, 114 feet long and 17 wide, having in the center a porte cochere, 8, which 
passed through it under the roof. The walls of these two houses were about 
tliirty inches thick and they had flat terrace roofs of beams and plank, covered 
with a thick coat of cement. G H I K were flat-roofed stone-walled rooms built 
against the inside of the west barrier. L L L L L denote barrier walls, inclosing' 
an area of 154 yards long and 54 wide, with the long barrack on the east and the 
low barrack on the south of it. These walls were 2'i feet thick, and from 9 to 12 
high, except the strip which fronted the chapel, that, being only four feet in 
height. This low piece of wall was covered by an oblique intrenchment, marked 
R, and yet to be described, which ran from the southwest angle of the chapel to 
the east end of the low barrack. 31 marks the place of a palisade gate at the west 
end of the intrenchment. The small letters {n) locate the doors of the several 
rooms which opened upon the large area. Most of those doors had within a 
semi-circular parapet for the use of marksmen, composed of a double curtain of 
hides, upheld by stakes and filled in with rammed earth. Some of the rooms 
were also loopholed. O mark barrier walls, from 5 to 6 feet high and 2f thick, 
which enclosed a smaller area north of the chapel and east of the long barrack. 
P designates a cattle yard east of the barrack and south of the small area; it was 
inclosed by a picket fence. Q shows the locality of a battered breach in the 
north wall. 

The above described fort, if it merited that name was, when the siege com- 
menced, in the condition for defense in which it had been left by the Mexican 
General Cos, when he capitulated in the fall of 1835. The chapel, except the 
west end and north projection, had been unroofed, the east end being occupied by 
a platform of earth B, 12 feet high, with a slope for ascension to the west. On 
its level were mounted three pieces of cannon. One (1), a 12-pounder, pointed 
east through an embrazure roughly notched in the wall; another (2) was aimed 
north through a similar notch, and another (3) fired over the wall to the south. 
High scaffolds of wood enabled marksmen to use the top of the roofless wall as 
a parapet. The intrenchment [R) consisted of a ditch and breastwork, the 
latter of earth packed between two rows of palisades, the outer row being higher 
than the earthwork. Behind it and near the gate was a battery of four ouns 
(4 5 6 7), all 4-pounders, pointing south. The porte cochere through the low 
barrack was covered on the outside by a lunette of stockades and eartli, mounted 
with two guns (89). In the southwest angle of the large area was an 18-pounder 
(10), in the center of the west wall a twelve-pound carronade (11), and in the 
northwest corner of the same area an 8-pounder (12) and east of this, withfn the 
north wall, two more guns of the same calibre (13 14). All the guns of this 
area were mounted on high platforms of stockades and earth, and fired over the 
walls. Several barriers were covered on the outside with a ditch, except where 
such guard Avas afforded by the irrigating canal which flowed on the east and 
west sides of the fort, and served to fill the fosse with water. 

Thus the works were mounted with fourteen guns, which agrees with Yoakum's 
account of their number, though Santa Ana in his report exaggerates it to 
twenty-one. The number, however, has little bearing on the merits of the final 
defense, with which cannon had very little to do. These guns were in the hands 
of men unskilled in their use, and owing to the construction of the works most 
of them had little width of range. Of the buildings above described, the chapel 



—144— 

and the two barracks are probably still standing. They were repaired and newly 
roofed during the Mexican war for tlie use of the U. S. Quartermaster's depart- 
ment. 

In the winter of 1835-6 Colonel Neill of Texas was in command of San Antonio, 
with two companies of volunteers, among whom was a remnant of New Orleans 
Greys, who had taken an efficient part in the siege and capture of the town 
about a year before. At this time the Provisional Government of Texas, which, 
though in revolt, had not yet declared a final separation from Mexico, had broken 
into a conflicting duality. The Governor and Council repudiated each other, and 
each claimed the obedience which was generally not given, to either. Invasion 
was impending, and there seemed to be little more than anarchy to meet it. Dur- 
ino- this state of affairs Lieutenant-Colonel Wm. B. Travis, who had commanded 
the scovitino- service of the late campaign, and had since been commissioned with 
tlie aforesaid rank as an officer of regular cavalry, was assigned by the Governor 
CO relieve Colonel Neill of the command of his post. The volunteers, who cared 
little for either of the two governments, wished to choose their own leader, and 
were willing to accept Travis only as second in command. They were, therefore, 
•clamorous that Neill should issue an order for the election of a Colonel. To get 
over the matter without interfering with Travis' right, he prepared an order 
for the election of a Lieutenant-Colonel, and was about to depart, when his men, 
finding out what he had done, mobbed him, and threatened his life unless he 
shovild comply with their wishes. He felt constrained to yield, and on tlie amended 
order James Bowie was unanimously elected a full C^olonel. He had been for 
several years a resident of Texas, and had taken a prominent part in the late 
campaign against Cos. His election occurred early in February, 1836, about two 
weeks before the enemy came in sight; and Travis, who had just arrived or came 
soon after, found Bowie in command of the garrison, and claiming by virtue of 
the aforesaid election the right to command him and the re-enforcement he 
brought. They both had their headquarters at the Alamo, where their men were 
quartered, and there must have been a tacit understanding on both sides that 
conflict of authority should as far as possible be avoided. This, however, could 
not have continued many days but for the common bond of approaching peril. 

Travis brought with him a company of regular recruits, enlisted for the half 
regiment of cavalry which the Pro\isional Government had intended to raise. 
J. N. Seguin, a native of San Antonio, wlio liad been commissioned as the senior 
Captain of Travis' corps, joined him at the Alamo, and brought into the garrison 
the skeleton of his company, consisting of nine Mexican recruits, natives, some 
of the town aforesaid and others of the interior of Mexico. Tlie aforesaid com- 
pany and squad of enlisted men and the two companies of vidunteers under Bowie 
formed the garrison of the Alamo, which then numbered from an hundred and 
fifty-six to an hundred and sixty. Of these the volunteers comprised considerably 
more than half, and over 'two-thirds of the whole were men who had but recently 
arrived in the country. Seguin and his nine recruits were all that represented 
the Mexican population of Texas. Of that nine seven fell in the assault, the 
Captain and two of his men having been sent out on duty before that crisis. 
David ( roekett, of Tennessee, who had a few years before rejiresented a squatter 
constituency in Congress, where his oratory was distinguislied for hard sense and 
rough grammar, had joined the garrison a few weeks before, as had also J. B. 
Bonham, Esq., of South Carolina, who had lately come to volunteer in the cause 
of Texas, and was considered one of the most chivalrous and estimable of its 
supporters. I pair them, a rough gem and a polished jewel, because their names 
are among the best known of those who fell; but I am not aware tliat either of 
them had any command. 

The main army of operation against Texas moved fr&m Laredo upon San An- 
tonio in four successive detachments. This was rendered necessary by the scar- 
city of pasture and water on certain portions of the route. The lower division, 
commanded by Brigadier-General Urrea, moved from Matamorns on Goliad by a 
route near the coast, and a short time after the fall of the Alamo achieved the 
capture and massacre of Fannin's command. 

The advance from Laredo, consisting of the Dragoon Regiment of Delores and 
three battalions of infantry, commanded by Santa Ana in person, arrived at San 
Antonio on the afternoon of February 22d. No regular scouting service seems 
to have been kept up from the post of Bowie and Travis, owing probably to 



— 145— 

division and weakness of authority, for though the enemy was expected, liis im- 
mediate approach was not known to many of the inhabitants till the advance 
of liis dragoons was seen descending the slope west of the San Pedro. A guard 
was kept in town with a sentinel on the top of the church, yet the surprise of the 
pojjulation was so nearly complete that one or more American residents engaged 
in trade fled to the Alamo, leaving their stores open. The garrison, however, 
received more timely notice, and the guard retired in good order to the fort. The 
confusion at the Alariio, which for the time being was great, did not impede a 
prompt show of resistance. In the evening, soon after the enemy entered the 
town, a shot from the 18-pounder of the fort was answered by a shell from the 
invaders, and this was followed by a parley, of which different accounts have 
been given. According to Santa Ana's official report, after the shell was thrown, 
a white flag was sent out by the garrison with an offer to evacuate the fort if 
allowed to retire unmolested and in arms, to wliich reply was made that no ^erms 
would be admitted short of an unconditional surrender. Seguin, however, gave 
me a more reliable version of the affair. He related that after the firing a 
parley was sounded and a white flag raised by the invaders. Travis was not 
inclined to respond to it, but Bowie, without consulting him, and much to his 
displeasure, sent a flag of truce to demand what the enemy wanted. Their 
General, with his usual duplicity, denied having' sounded a parley or raised a 
flag, and informed the messenger that the garrison could be recognized only as 
rebels, and be allowed no other terms than a surrender at discretion. When in- 
formed of this, Travis harangued his men and administered to them an oath 
that they would resist to the last. 

The officers obtained a supply of corn, and added to their stork of beef after 
the enemy entered the town. On the same day a well, wliich a fatigue party 
had been digging within the walls, struck a. fine vein of water. This was fortu- 
nate, for the irrigating canal, which flowed past the foot of the wall, was shortly 
after cut off by the enemy. The investment had not yet commenced, nor was the 
firing, I think, renewed that evening, and tlie few citizens who had taken refuge 
in the fort succeeded in leaving it during the night if not earlier. 

On the night of the 22d of February the enemy planted two batteries on the 
west side of the river, one bearing west and the other southwest from the 
Alamo, with a range which no houses then obstructed. They were the next day 
silenced by the fire of the 18-pounder of the fort, but were restored to activity 
on the following night. On the 24tli another body of Mexican troops, a regiment 
of cavalry and three battalions of infantry arrived; then the fort was invested 
and a regular siege commenced, which, counting from that day till the morning 
of the 6th of March, occupied eleven days. By the 27th seven- more besieging 
batteries were planted, most of them on the east side of the river, and bearing 
on the northwest, southwest and south of the fort; but there were none on the 
east. As that was the only direction in wliich the garrison would be likely to 
attempt retreat, Santa Ana wished to leave a temptation to such flitting, while 
he prepared to intercept it by forming his cavalry camp on what is now called 
Powder House Hill, east of the Alamo. 

During the first few days occasional sallies were made by the garrison to 
obstruct the enemy's movements and burn houses wdiich might cover them. The 
operations of the siege, which, omitting the final assault, are probably given cor- 
rectly in Yoakum's History of Texas, consisted of an active but rather ineffective 
cannonade and bombardment, with an occasional skirmishing by day and fre- 
quent harassing alarms at night, designed to wear out the garrison with want 
of sleep. No assault was attempted, though it has been so asserted, till the final 
storming took place. The enemy had no siege train, but only light field pieces 
and howitzers, yet a breach was opened in th.e northern barrier, Q. near tlie north- 
east angle, and the chapel was the only building that withstood the cannonade 
firmly, as the balls often went clear through the walls of the others. Yet when 
I saw them unrepaired five years later, they seemed less battered than might 
have been expected. 

The stern resistance which had sprung up in the demoralized band within, and 
the comparative unity and order which must have come with it. were ushered in 
by a scene which promised no such outcome. The first sight of the enemy created 
as much confusion with as little panic at the Alamo as might be expected among 
men who had known as little of discipline as they did of fear. I\Ir. Lewis, of 



—146— 

San Antonio, informed me that lie took refuge for a few hours in the fort when 
the invaders appeared, and the disorder of the post beggared description. 
Bowie, with a detachment was engaged in breaking open deserted houses in 
the neighborhood and gathering corn, while another squad was driving cattle 
into the inclosure east of the long barrack. Some of the volunteers, who 
had sold their rifles to obtain the means of dissipation, were clamoring for guns 
of any kind; and the rest, though in arms, appeared to be mostly without orders 
or a capacity for obedience. No "army in Flanders" ever swore harder. He saw 
but one officer who seemed to be at his proper post and perfectly collected. This 
was an Irish Captain, named Ward, who though generally an inveterate drunk- 
ard, was now sober, and stood quietly by the guns of the south battery ready to 
use them. Yet amid the disorder of that hour no one seemed to think of flight; 
the first damaging shock, caused by the sight of the enemy, must have been 
cured* by the first shell that he threw; and the threat conveyed by Santa Ana's 
message seems to have inspired a greater amount of discipline than those men 
nad before been thought capable of possessing. The sobered toper who stood 
coolly by his guns was the first pustule which foretold a speedy inoculation of the 
whole mass with that qualification. 

The conflict of authority between Bowie and Travis, owing probably to the 
caution in which neither was deficient, had luckily produced no serious collision; 
and it was perhaps as fortunate that, at about the second day of the siege, the 
rivalry was cut short by a prostrating illness of the former, when Bowie was 
stricken by an attack of pneumonia, which would probably have proved fatal had 
not its blow been anticipated by the sword. This left Travis in undisputed com- 
mand. 

The investment was not too rigid to admit of the successful exit of couriers 
by night, and one or two had been- sent out, since the enemy appeared, with 
letters to Colonel Fannin, at Goliad, asking for aid. On the 29th of February it 
was resolved to send an officer, who in addition to bearing dispatches, might make 
his own influence and information available to accomplish the object of his mis- 
sion. Captain Seguin was recomaiiended by most of the officers, for as he was of 
Spanish race and language, and well acquainted with the surrounding country, it 
was thought he would be more likely than any one of his rank to succeed in pass- 
ing the enemy's lines. Travis wished to retain him in the garrison, but at a 
council of war. held on the night of the 29th, he yielded to the wishes of the 
majority. That night Seguin and his orderly, Antonio Cruz Oroche, prepared for 
the sally. Another of his Mexican recruits, named Alexandre de la Garza, had 
already been sent as a courier to the Provisional Government. Having no horse 
or equipments for himself, the Captain requested and obtained those of Bowie, 
who was already so ill that he hardly recognized the borrower. To him and the 
rest Seguin bade what proved to be a last adieu, and sallying from the postern on 
the northern side, took the high road to the east. As might be expected the 
rank and file had begun to look with jealousy on any departure from within, 
though of but one or two; and when Seguin produced the order which was to pass 
him and his orderly out, the sentinel at the postern began a rude comment; but 
a few words from the Captain, intimating that his errand was one which might 
bring safety, at once soothed the rough soldier, who bade him God speed. 

The road Avhich the two horsemen took passed near the cavalry camp of the 
enemy, and wliere it crossed their lines was stationed a guard of dragoons, who 
were then resting, dismounted. Seguin and his man rode leisureh^ up towards 
them, responding in Spanish to the hail of their sentinel, that they were coun- 
trymen. They were doubtless taken for Mexican rancheros of that neighborhood, 
and seemed to be riding up to report, but when near enough for a bold start they 
dashed past the guard at full speed. The hurried fire of the troopers was inef- 
fective, and before they were in the saddle the fugitives, who were both well 
mounted, were far ahead. The latter then took to the bush and made good their 
escape. The next day Seguin met an officer from Fannin's post, who informed 
him that his mission would be wholly unavailing, and advised him to join the 
camp then forming at Gonzales, which he did. 

On the following night, the first of March, a company of thirty-two men from 
Gonzales made its way through the enemy's lines, and entered the Alamo never 
again to leave it. This must have raised the force to 188 men or tliereabout, 
as none of the original number of 156 had fallen. 



—147— 

On tl.e night of the 3d of March. Travis sent out another conrier with a letter 
of that date to the government, wliich reached its destination. In that last dis- 
patch he says, "With an hundred and forty-five men I have held this place ten 
days against a force variously estimated from 1,500 to (5,000, and I shall con- 
tinue to hold it till I get relief from my countrymen or I will perish in the at- 
tempt. We have had a shower of bombs and cannon balls continually falling 
among us the wliole time, yet none of us have fallen. We have been miraculously 
preserved." As this was but two days and three niglits before the final assault, 
it is quite possible that not a single defender was stricken down till the fort 
was stormed. At the first glance it may seem almost farcical that there should 
be no more result from so long a fire, which was never sluggish ; but if so, this 
was a stage on which farce was soon to end in tragedy, and those two elements 
seem strangely mingled througli the whole contest. But the fact above referred 
to was not really farcical, however singular, and it serves merely to illustrate 
the mysterious doctrine of chance. It must have tended to uphold the deter- 
mination of men in a situation where the favor of luck is so apt to be accepted as 
the shielding of Providence. Travis, when he said, ''we have been miraculously 
preserved," no doubt expressed a sincere feeling, in which his companions shared; 
for such fancies are apt to take a strong contagious hold of men who stand day 
after day unharmed within a step of death; it is a time when the fierce, profane 
and dissolute often begin for the first time to look upward. It is worthy of note, 
that although the readiness of couriers to go out indicates a consciousness that 
the chance of life was at least as good without as within, we know of not a 
single case of night flitting. Brute bravery or reckless despair would hardly 
have produced this without some exceptions. The incident of tlie sentinel at the 
postern probably showed what were prevailing traits — scorn of desertion with 
readiness for hope. In many a rough bosom that hope had probably a new and 
half -comprehended faith under it. Though the hope w'as disappointed, I trust 
that the faith was not all in vain. 

In stating the force of the garrison during the previous ten days Travis did 
not include the little reinforcement which had come in only two days before; 
yet, as he mentions but 145, while the garrison is known to have numbered 156 
when the enemy appeared, he must have rated eleven as inefi'ective or absent. 
A part of tliem may have been counted out as departed couriers, and the rest had 
perhaps sunk under the fatigue of duty. Had there been any wounded he would 
probably have referred to them. 

On the 4th of March Santa Ana called a council of war, and fixed on the 
morning of the 6th for the final assault. The besieging force now around the 
Alamo, comprising all the Mexican troops Avhich had yet arrived, consisted oi 
the two dragoon regiments of Dolores and Tampico, which formed a brigade, 
commanded by General Andrade, two companies or batteries of artillery under 
Colonel Ampudia, and six battalions of infantry, namely, Los Zapadores (en- 
gineer troops), Jimenes, Guerrero, Matamoros, Toluca and Tres Villas. These 
six battalions of foot were to form the storming forces. The order for the at- 
tack, which I have read, but have no copy of, was full and precise in its details, 
and was signed by General Amador, as Chief of Staff. The infantry were directed 
at a certain hour between midnight and dawn to form at convenient distances 
from the fort in four columns of attack and a reserve. These dispositions were 
not made by battalions, for the light companies of all were incorporated with the 
Zapadores to form the reserve, and other transpositions were made. A certain 
number of scaling ladders, axes and fascines were to be borne by particular 
columns. A commanding officer, with a second to replace him in case of accident, 
was named, and a point of attack designated for each column. The cavalry were 
to be stationed at suitable points around the fort to cut off" fugitives. From what 
I have learned from men engaged in the assault, it seems tliat these dispositions 
were modified before it was carried out so as to combine the five bodies of in- 
fantry, including the reserve, into only three columns of attack, thus leaving no 
actual reserve but the cavalry. The immediate direction of tlie assault seems to 
have been intrusted to General Castrillon, a Spaniard by birth, and a brilliant 
soldier. Santa Ana took his station, with a part of his staff and all the bands 
of music, at a battery, about 500 yards south of the Alamo and near the old 
bridge, from which post a signal was to be given by a bugle note for the columns 
to move simultaneously at double-quick time against the fort. One, consisting of 



—148— 

Los Zapadores, Toluca and the light companies, and commanded by Castrillon, 
was to rush through the breach on the north; another, consisting of the battalion 
of Jimenes and other troops, and commanded by General Cos, was to storm the 
chapel; and a third, whose leader I do not recollect, was to scale the west bar- 
rier. Cos, who had evacuated San Antonio a year before under capitulation, was 
assigned to the most difiicult point of attack, probably to give him an opportunity 
to retrieve his standing. By the timing of the signal it was calculated that 
the columns would reacli the foot of the wall just as it should become sufficiently 
light for good operation. 

When the hour came the south guns of the Alamo were answering the batteries 
which fronted them, but the music was silent until the blast of a bugle was 
followed by the rusliing tramp of soldiers. The guns of the fort opened upon the 
moving inasses, and Santa Ana's bands struck up the assassin note of clegueUo, 
or no quarter. But a few and not very effective discharges of cannon from the 
works could be made before the enemy were under them, and it was probably 
not till then that the worn and wearied garrison was fully mustered. Castrillon's 
column arrived first at the foot of the wall, but was not the first to enter. The 
guns of the north, where Travis commanded in person, probably raked the breach, 
and this or the fire of the riflemen brought the column to a disordered halt, and 
Colonel Duque, who commanded the battalion of Toluca, fell dangerously 
wounded; but while this was occurring the column from the west crossed the 
barrier on that side by escalade at a point north of the center, and as this 
checked resistance at the north Castrillon shortly after passed the breach. It 
was probably while the enemy was thus pouring into the large area that Travis 
fell at his post, for his body, with a single shot in the forehead, was found beside 
the gun at the northwest angle. — The outer walls and batteries, all except one 
gun, of which I will speak, were now abandoned by the defenders. In the mean- 
time Cos had again proved unlucky. His column was repulsed from the chapel 
and his troops fell back in disorder behind the old stone stable and huts that 
stood south of the southwest angle. There they were soon rallied and led into 
the large area by General Amador. I am not certain as to his point of entrance, 
but he probably followed the escalade of the column from the west. 

This all passed within a few minutes after the bugle sounded. The garrison 
when driven from the tliinly manned outer defenses, whose early loss was in- 
evitable, took refuge in the buildings before described, but mainly in the long 
barrack, and it was not till then, when they became more concentrated and 
covered within, that the main struggle began. They were more concentrated as 
to space, not as to unity of command, for there was no communicating between 
buildings, nor in all cases between rooms. There was little need of command, 
however, to men who had no choice left but to fall where they stood before the 
weight of numbers. There ivas now no retreating from point to point, and each 
group of defenders had to fight and die in the den where it was brought to bay. 
From the doors, windows and loopholes of tlie several rooms around the area 
the crack of the rifle and the hiss of the bullet came fierce and fast; as fast 
as the enemy fell and recoiled in his first efforts to charge. The gun beside 
which Travis fell was now turned against the buildings, as were also some 
others, and shot after shot was sent crashing through the doors and barricades 
of the several rooms. Each ball was followed by a storm of musketry and a 
charge, and thus room after room was carried at the point of the bayonet, 
when all within them died fighting to the last. The struggle was made 'up of a 
number of separate and (!es]3erate combats, often hand to liand, between squads 
of the garrison and bodies of the enemy. The bloodiest spot about tlie fort was 
the long barrack and the ground in front of it, where the enemy fell in heaps. 

Before the action reached this stage, the turning of Travis' gun by the assail- 
aiits was briefly imitated by a group of the defenders. "A small piece on a high 
platform," as it was described to me by General Bradburn, was wheeled by those 
who manned it against the large area after the enemy entered it. Some of the 
Mexican officers thought it did more execution than any gun which fired outward; 
but after two eflfective discharges it was silenced, when the last of its cannoneers 
fell under a shower of bullets. I cannot locate this gun with certainty, but it was 
probably the twelve-pound carronade which fired over the center of the west wall 
from a high commanding position. The smallness assigned to it perhaps referred 
(;nly to its length. According to Mr. Ruiz, then the Alcalde of San Antonio, who, 



—149— 

after the action, was required to point out tlie slain leaders to Santa Ana, the 
body of Crockett was found in the west battery just referred to, and we may 
infer that he either commanded that point or was stationed there as a sharp- 
shooter. The common fate overtook Bowie in his bed in one of tlie rooms of the 
low barrack, wlien he probably had but a few days of life left in him, yet lie had 
enough remaining, it is said, to shoot down with his pistols more than one of 
his assailants ere he was butchered on his couch. If he had sufficient strength 
and consciousness left to do it, we may safely assume that it was done. 

The chapel, which was the last point taken, was carried by a coupe dr main 
after the fire of the other buildings was silenced. Once the enemy in possession 
of the large area, the guns of the south could be turned to fire into tlie door of 
the church, only from fifty to an hundred yards off, and that was probably the 
route of attack. The inmates of this last stronghold, like the rest, fought to 
the last, and continued to fire down from the upper works after the enemy oc- 
cupied the floor. A Mexican officer told of seeing one of his soldiers shot in the 
crown of the head during this melee. Towards the close of the struggle Lieu- 
tenant Dickenson, witli his child in his arms, or, as some accounts say, tied to 
his back, leaped from the east embrazure of the chapel, and both were shot in the 
act. Of those he left behind him, the bayonet soon gleaned what the bullet had 
left, and in the upper part of that edifice the last defender must have fallen. The 
morning breeze which received his parting breath probably still fanned his flag 
above that fabric, for I doubt not he fell ere it was pulled down by the victors. 

The Alamo had fallen; but the impression it left on the invader was the fore- 
runner of San Jacinto. It is a fact not often remembered, that Travis and his 
band fell ixnder the Mexican Federal flag of 1824, instead of the Lone Star of 
Texas, although Independence, unknown to them, had been declared by the new 
convention four days before at Washington, on the Brazos. They died for a 
Republic of whose existence they never knew. The action, according to Santa 
Ana's report, lasted thirty minutes. It was certainly short, and possibly no 
longer time passed between the moment the enemy entered the breach and tliat 
when resistance died out. The assault was a task which had to be carried out 
quickly or fail. Some of the incidents which have to be related separately oc- 
curred simviltaneously, and all occupied very little time. The account of the 
assault which Yoakum and others have adopted as autlientic is evidently one 
which popular tradition has based on conjecture. By a rather natural inference, 
it assumes that the inclosing walls, as in the case of regular forts, wei-e the 
principal works, and that in storming these the main conflict took place. The 
truth was, these extensive barriers formed in reality nothing more tlian the out- 
Avorks, speedily lost, while the buildings within constituted the citadel and the 
scene of sternest resistance. Yoakum's assertion that Santa Ana during the 
height of the conflict, was under the works, urging on the escalade in person, 
is exceedingly fabulous. Castrillon, not Santa Ana, was the soul of the assault. 
The latter remained at his south battery, viewing the operations from the corner 
of a house which covered him, till he supposed the place was nearly mastered, 
when he moved up towards the Alamo, escorted by his aids and bands of music, 
but turned back on being greeted by a few shots from the upper part of the 
chapel. He, however, entered the area towards the close of the scene, and directed 
some of the last details of tlie butchery. It cannot be denied that Santa Ana in 
the course of his career showed occasional fits of dashing courage, but he did 
not select this field for an exhibition of that quality. About the time the area 
was entered a few men, cut off" from inward retreat, leaped from tlie barriers and 
attempted flight, but were all sabred or speared by the cavalry except one, who 
succeeded in hiding himself under a small bridge of the irrigating ditch. There 
he was discovered and reported a few hours after by some laundresses engaged in 
washing near the spot. He was executed. Half an hour or more after the action 
was over a few men were found concealed in one of the rooms under some mat- 
tresses. General Houston, in his letter of the 11th, says as many as seven, but 
I have generally heard them spoken of as only four or five. The officer to whom 
the discovery was first reported entreated Santa Ana to spare their lives: but he 
was sternly rebuked, and the men ordered to be shot, which was done. Owing to 
the hurried manner in wliich the mandate was obeyed, and the confusion prevail- 
ing at the moment, a ^Mexican soldier was accidentally killed witli tlieni. A nerrro 
belonging to Travis, the wife of Lieutenant Dickenson, who at the time was 



—150— 

enciente, and a few Mexican women with their children, were the only inmates 
of the fort whose lives were spared. The massacre involved no women and 
but one child. Lieutenant Dickenson commanded the gun at the east embrazure 
of the chapel. His family was probably in one of the small vaulted rooms of 
the north projection, which will account for his being able to take his child to 
the rear of the building when it was being stormed. An irrigating canal ran below 
the embrasure, and his aim may have been to break the shock of his leap by 
landing in the mud of that waterless ditch, and then try to escape, or he may 
have thought that so striking an act would plead for his life; but the shower 
of bullets which greeted him told how vain was the hope. The authenticity of 
this highly dramatic incident has been questioned, but it was asserted from the 
first, and was related to me by an eye-witness engaged in the assault.* 

It was asserted on the authority of one of the women, that while the church 
was being stormed. Major Evans, the Master of Ordnance, rushed with a torch 
or burning match towards the magazine of the fort to fire it, when he was shot 
down before his object was accomplished. It may seem unlikely that any of the 
Avomen would. be in a position to witness such an incident, but they may have 
been put into the magazine as a place most sheltered from the enemy's shots. 
The powder was probably stored in the little vaulted room on the north of the 
chapel, which I have just referred to.f 

There were two officers of the name just mentioned in the garrison of the 
Alamo, Major Robert Evans, Master of Ordnance, an Irishman, and Captain J. B. 
Evans of Texas, a nephew of General Jacob Brown, who formerly commanded the 
United States Army. 

I must now endeavor to approximate as nearly as can be done by inference, 
for I have no direct data, to the number of troops engaged in the assault and the 
amount of their loss; matters which have been the subject of absurd perversion 
on both sides. The old popular tale of Texas that the Alamo was stormed by 
ten thousand men, of whom a thousand or more were killed, shows how rapidly 
legend may grow up even in this age, and the belief which has been given to it is 
worthy of an era when miracles were considered frequent. The entire force with 
which' Santa Ana invaded Texas in 1836, and which after his defeat he rated 
at 6,000 men, probably amounted to 7,500 or 8,500, as it consisted of seventeen 
corps, viz. : three regiments of horse and fourteen battalions of foot. It is proper 
here to observe that the Mexicans apply the term regiment only to cavalry corps; 
a Colonel's command of infantry being always called a battalion. The nominal 
complement of a regiment or battalion is 1,500, but I never heard of one that 
was full, and seldom saw one during my long residence in Mexico that contained 
as much as a third of that number. I doubt if it is considered convenient ever 
to swell one to over 500 men, for the host of officers who have sufficient infiuence 
to obtain commands can be supplied only by keeping up the number of corps at 
the expense of their fullness. I saw all the corps composing the said army when 
it retreated from Texas to Matamoras after the campaign of 1836, and from the 



*I had for several years in Texas as a servant, one of the Mexican soldiers cap- 
tured at San Jacinto, Sergeant Becero, of the Battalion of Matamoros. He was 
in the assault, and witnessed Dickenson's leap. He also saw the body of Bowie 
on his bed, where he had been killed, and witnessed the execution of the few men 
who were found in concealment after the action was over. He did not know the 
names of Bowie or Dickenson, and related, the circumstances, not in reply to 
inquiries, but in a natural way as recollections in narrating his experience. 
Many absurd stories about the admissions made by Mexicans touching the force 
of the assailants and the amount of their loss at the Alamo are based on syco- 
phantic statements, drawn by leading questions from prisoners of the lower class 

tin 1841 the husband of one of the Mexican women who were with the garrison 
during the siege and assaults pointed out to me the vaulted room referred to, 
and observed: "During the fight and massacre five or six women stood in that 
room all in a huddle." He was an intelligent man, but so given to embellishing 
whatever he related that I did not then rely much on his information; but I 
have since called it to mind in connection with what is above said. This man 
did not refer to Evans' attempt, nor did he say that the cell referred to was used 
for storing powder, but, according to my recollection, it was the most fitting 
place for a magazine which I saw about the Alamo. 



—151— 

size of those which had not been in action, as well as from the remaining bulk of 
those which had suffered, after allowing for probable loss, I am convinced that 
their average strength when Uwy entered Texas was short of 500 men each, and 
that the smaller of the two amounts I have assigned to the aggregate is most 
likely to be true. 

This estimate applies especially to the six battalions of infantry which formed 
the assaulting force of the Alamo. They may possibly have numbered 3,000 men, 
but from the best information and inference I have been able to gather, I believe 
that tlieir aggregate did not exceed and may have fallen short of 2,500. Santa 
Ana's invariable practice was to exaggerate his force before an action, by wav 
of tlirent, and to underrate it after, wliether to excuse defeat or magnify victory- 
and in accordance with this trickery, in his report of the taking the Alamo, "he 
sets down his storming force at 1,400, his loss of 00 killed and, 300 wounded, and 
the number of the garrison all told and all killed at GOO. Wliere the slauohter 
was wrouglft by good fire arms in good hands at close quarters there would 
hardly be such disparity between the number of killed and wounded. The prob- 
ability is that he struck off an even thousand from the round numbers of the 
assaulters and a hundred or two from the number of his killed; while he made 
out as big a butchery of rebels as Mexican credulity would swallow. If we correct 
his falsification on this assumption, he had in the assault 2,400, and lost in killed 
and wounded 460 or 560. Anselmo Borgara, a Mexican, who first reported the 
fall of the Alamo to General Houston, at Gonzales, having left San Antonio the 
evening after it occurred, stated that the assaulting force amounted to 2,300 
men, of whom 521 were killed and as many wounded. He had probably found 
means of ascertaining with approximate correctness the number of infantry at 
San Antonio; but his report of the loss has evidently acquired its bulk by the 
process of doubling. Neither Mexican troops nor any others are apt to takeforts 
with a loss of more than two-fifths of their number. He had probably heard of 
521 as the total of killed and wounded, and then converted the whole into the 
former and supposed an equal amount of the latter. The odd numbers attached 
to the hundreds, and the limits which probability would assign to a lar^e loss 
favor the belief that he had heard the result of an actual count of the whole 
deficit. This analysis of falsehood may not be a very sure way of finding out 
truth, but it is not without value when it has some corroboration. The Mexican 
officers captured at San Jacinto, including Santa Ana's secretary, as I was fold 
by Colonel Seguin, were generally of the opinion that the loss at the Alamo in 
killed and wounded was about 500. Some rated it lower and others higher; and 
one, but only one, went as high as 700. The opinions of such enlisted men as I 
have conversed with were about the same as those of the officers, ranging from four 
to six hundred. Nothing is more apt to make an exaggerated impression on the 
casual view than a field of slaughter, and I think that the higher of the above 
estimates may be errors of that kind. General Bradburn, who was at the scene 
of action soon after it occurred, believed that the eventual loss to the service 
{killed and disabled for life) would be 300. This I consider equivalent to 500 
killed and wounded; and it is my opinion that the Mexican loss at the Alamo 
ditTered little from that number. 

Now if- 500 men were bullet stricken by 180 in half an hour or little more, it 
was a rapidity of bloodshed which needs no exaggeration, but it may require 
strong proofs to save it from the imputation of fiction, for defenders *of better 
forts than the Alamo seldom slay many times more than their own number, 
unless they possess extraordinary means or opportunities for destruction. The 
slaughter was not in this case the carnage of unresisted pursuit, like that of 
San Jacinto, nor the sweeping havoc of cannon under favorable circumstances, 
like that of Sandusky. The main element of defense was the individual valor 
and skill of men who had few advantages of fortification, ordnance, discipline or 
command. All tlieir deficiencies, which were glaring, serve only to enhance the 
merit of individuality, in which no veterans could have excelled them. It re- 
quired no ordinary bravery, even in greatly superior mmibers, to overcome a 
resistance so determined. The Mexican troops displayed more of it in this 
assault than they have done on almost any other occasion : but it must be re- 
membered that better troops than those of Santa Ana always fail under loss 
as heavy as romance often assigns to the assailants of the Alamo. 

If we owe to departed heroes the duty of preserving their deeds from oblivion, 



—152— 

we ought to feel as strongly that of defending their memory against the calumi- 
noiis effect of false eulogy, which in time might cause their real achievements to 
be doubted.* 

Santa Ana, when he marched on Texas, counted on finding a fortified position 
at or near San Antonio, but supposed it would be at the Mission of Concepcion, an 
old church, two miles below the town. That strong building, with the aid of 
obedience and labor, might have been converted into a tenable fort, not too large 
to be manned by the garrison of the Alamo. An assault made tliere by even 
a larger force than that which captured the other fort might have met with a 
bloody repulse, which would have led to the rescue of the garrison and changed 
the character of the campaign, which in that event would probably have been 
terminated west of the Guadalupe. But such a transfer of garrison and 
armament was impossible in the state of discipline and command which the 
foregoing narrative shows to have existed. , 

A military lesson, though not a new one, may be derived from the fall of the 
Alamo. Among the essential qualities of a soldier we must consider not only 
the discipline and subordination that blends him with the mass in which the 
word of command moves him, but also the individual self-reliance and efficiency 
which may restore the battle even after the mass is broken. From the lack of 
the former quality the men of the Alamo were lost; by their possession of the lat- 
ter they became in the last struggle as formidable as veterans, and died glo- 
riously; and in a better position they would have been saved by it. Though the 
latter quality depends more on nature than the former, it admits of development, 
and the perfection of training neglects neither. 

Neither Travis nor Bowie had much of the experience or instruction of the 
soldier, and they were the reverse of each other in certain antecedents and outward 
traits. The latter in his youth had been noted for daring in bloody personal 
feuds, and his name has attached to it a characteristic memento in the designa- 
tion of a homicidal knife, v/hose pattern he originated. Travis, though ambi- 
tious and not backward in revolutionary movements, had been in civil life 
habitually cautious in avoiding broils and personal collisions, so much so tliat 
the rougher class of his contemporaries took for signs of timidity what I be- 
lieve merely indicated a cool temper and guarded deportment. That he was 
deficient in courage is contradicted, not only by the closing scenes of his life and 
his heroic death, but by the testimony of one who had the best opportunity of 



*A brief account of the fall of the Alamo, related in legendary style by Fran- 
cisco Ruiz, who lived at San Antonio when the event occurred, was published 
in the Texas Almanac of 1860. The narrator shows total ignorance of the details 
of the assault, which he blends with a cannonade between batteries that went 
before it, and, if the printer has not blundered for him, imagines that the storm- 
ing of the fort began at 3 p. m. on the 6th. This is so contrary to the recollec- 
tion of old residents, that it began at dawn, and was soon over, that I think 
"p. m." must have been printed in place of a. m. He asserts that after a long 
attack and repeated repulses, it ended with the scaling of the outer wall, which 
formed the final success. He has no knowledge of the speedy loss of the out- 
ward barriers, or of the main conilict inside. He rates the besieging -forces at 
4000, which would be correct if the eight corps, including two of cavalry, num- 
bered 500 each. He sets down Santa Ana's loss at 1600, and in a way to imply 
that this was the number of killed. Now, estimating the force at 4000, and leav- 
ing out 1000 cavalry for outside service, the storming masses would consist of 
3000 infantry. If 1600 were killed, the wounded would cover the remainder, and 
the total of assailants as well as of defenders must have gone down. If he means 
that the loss was 1600 killed and wounded, it was heavy enough to render suc- 
cess impossible, and to cripple the army too much for the prompt and active 
campaigning on which it immediately entered. The battalion of Toluca lie says 
numbered 800, of whom only 130 men were left alive. If 670 were killed, the 
small remainder must have been disabled. The whole corps went to the grave- 
yard and hospital, yet eight weeks after a part of it was killed and taken at 
San Jacinto, and a"^ small remnant retreated to Matamoros. So absurd a nar- 
rative would not be worth referring to had it not been quoted in a San Antonio 
newspaper in 1860 as a testimony of an eye-witness conflicting witli my former 
publication. 



—153— 

judging. Colonel Seguin, wlio was frecjiiently with him under llix', not only on 
the works, but in the early sallies of the siege, was convinced that Travis pos- 
sessed a high degree of constitutional bravery. 

The garrison of the Alamo, in personal character, was made up of diverse ele- 
ments, whose relative proportions cannot now be ascertained. The rulTian, fili- 
buster type, men whose death alone redeemed their life, of course comprised no 
small part of it, but with them stood also those who, like the band from Gon- 
zales, were fighting for near homes, whore their kindred dwelt; and among the 
new comers was perhaps an equal number of honorable men, who, like Bonham 
and Crockett, liad an honest faith and generous zeal in the cause they espoused. 
There were probably few among tlie lowest of that garrison who lacked the re- 
deeming trait of bravery, and among men of that character common danger 
is sure to bring out the better qualities in all who sliare it. When no enemy was 
in sight the bad element showed its numerical strength, but when ])eril came 
over all, the good asserted its power, and the evil in a measure assimilated to it. 
It requires no stretch of charity then to believe that many a rough wight whose 
highest aspirations had heretofore been for plunder felt a thrill akin to that of 
the patriot when he died for a land which he could not yet claim as his own. 

Of the details contained in my former brief publication and in this article, I 
obtained many from General Bradburn, who arrived at San Antonio I think two 
days after the action, and gathered many of its particulars from officers who 
were in it, one oi whom went over the ground with him.* A few incidents I had 
through a friend from General Amador. Others I received from three intelligent 
sergeants, one of whom, Sergeant Becero, I have already mentioned. They were 
men of fair education, and I think truthful witnesses. From men of their class 
I could generally get more candid statements as to loss and relative strength than 
from commissioned officers. I also gathered some minor particulars from local 
tradition of a reliable kind, preserved among the residents of San Antonio. 
When some of the details earliest learned were acquired I had not seen the lo- 
cality, and hence I afterwards had to locate some of the occurrences by inference, 
which I have done as carefully as possible. After my publication of 1860, as 
already mentioned, I obtained some additional information from Colonel Se^uinf 
and Mr. Lewis of San Antonio. The former had had better facilities than any 
one else in the service of Texas for obtaining and comparing the statements of 
Mexican officers captured at San Jacinto. These new lights enabled me to cor- 
rect some errors and many omissions in regard to the fort, its armament and 
garrison, as well as the siege and assault. 

The stranger will naturally inquire where lie the heroes of the Alamo, and 
Texas can reply only by a silent blush. A few hours after the action the bodies 
of the slaughtered garrison were gathered by the victors, laid in three heaps, 
mingled with fuel, and burned, though their own dead were interred. On the 
25th of February, 1837, the bones and ashes of the defenders were, by order of 
General Houston, collected as well as could then be done, for burial iDy Colonel 



*General Bradburn was a Virginian, who had been in the service of Mexico 
since the time of Mina's expedition, in which he held the rank of Lieutenant- 
Colonel and took a distinguished part. In 183G, when he was on the i-etired list 
of the Mexican army, he was ordered, much against his wishes, to join Santa Ana 
in his campaign against Texas. He reported to Santa Ana soon after the fall 
of the Alamo, and at his own request was assigned to an luiimportant post 
(Copano landing) where he would not be likely to come into contact with the 
forces of Texas. Bradburn had a few years befoie commanded in Texas, and 
had come unpleasantly into contact with a revolutionary element which did not 
then culminate in revolution. 

tColonel Seguin served gallantly as a captain under General Houston at San 
Jacinto, and subsequently commanded a i-egiment. His zealous adherence to the 
cause of Texas throughout the campaign of 1836, and for some years after, is 
undoubted; and his subsequent defection from that cause may be palliated by 
the popular harshness, endangering life, to which he became subject, and which 
in a manner drove him to a step of which he evidently repented. I have no 
reason to doubt the candor and correctness of anything which he related in mat- 
ters whereon I have cited his authority. He had no motive to misrepresent any- 
thing which was not personal to himself, nor did he seem to color unduly what 
was. A man may be a correct narrator in spite of political errors. 



—154— 

Seguin, then in command at San Antonio. The bones were placed in a large 
coffin, which, together with the gathered ashes, was interred with military honors. 
The jjlace of burial was a peach orchard then outside of the Alamo village, and 
a few hundred yards from the fort. When I was last there in 1861, it was' still 
a large inclosed open lot, though surrounded by the suburb which had there 
grown up, but the rude landmarks which had once pointed out the place of 
sepulture had long since disappeared. Diligent search might then have found it, 
but it is now densely built over, and its identity is irrecoverably lost. This is 
too sad for comment. 

A small, but finely executed monument, made from the stones of the Alamo 
in 1841 by an artist named Nangle, was subsequently purchased by the State of 
Texas, and now stands in the vestibule of the Capitol at Austin; but neither at 
the Alamo itself, nor at the forgotten grave of its defenders, does any legend or 
device, like the stone of Thermopylae, remind the passer-by of those who died 
in obedience to the call of their adopted country. 

R. M. POTTER. 



-156- 



DAUGHTERS OF THE REPUBLIC OF TEXAS ASK STATE TO 

TAKE CHARGE. 



The following is copied from the proceedings of the Daughters of the 
Eepuhlic at their annual . session held in San Antonio iVpril 30 to 22. 
1909, at their Friday afternoon session, beginning on page 23 : 

Friday Afternoon, 2:30 O'clock. 

Meeting called to order by Mrs. Fisher. 

Minutes of morning meeting read and approved. 

Mrs. Urwitz presented the following resolutions, which were seconded by 
Mrs. Stone: 

Whereas, The Twenty-ninth Legislature of the State of Texas enacted an 
act to provide for the purchase and conveyance to the State of Texas of the 
land in the city of San Antonio known as the Hugo & Schmeltzer Company 
property, which was a part of the Alamo Mission; and for the care and preser- 
vation of said property and of the Alamo church property, now owned by the 
State, and appropriating the sum of sixty-five thousand ($65,000) dollars to 
carry out the lirovisions of this act; and 

Whereas, Section 3 of said act provides that "upon the receipt of the title 
to said land, the Governor shall deliver the property thus acquired, together 
with the Alamo church property already owned by the State, to the custody 
and care of the Daughters of the Republic of Texas, to be maintained by them 
in good order and repair, without charge to the State, as a sacred memorial 
to the heroes who immolated themselves upon that hallowed ground; and by 
the Daughters of the Republic of Texas to be maintained or remodeled upon 
plans adopted by the Daughters of the Republic of Texas, and approved by the 
Governor of Texas ; provided that no changes or alterations shall be made in 
the Alamo church proper, as it now stands, except such as are absolutely neces- 
sary for its preservation. All of said property being subject to future legis- 
lation hy the Legislature of the State of Texas"; and 

Whereas, During the interim, when the Daughters of the Republic of Texas, 
an incorporated body politic, is not in session, its Executive Committee has 
control and charge of all of its affairs; and 

Whereas, ihe Daughters of the Republic of Texas will not convene in annual 
session until April, 1909 ; and 

Whereas, In the judgment of the Executive Committee of the Daughters of 
the Republic of Texas, conditions have arisen which make it expedient to take 
the following action; and 

Whereas, In the maintenance of the trust reposed in the Daughters of the 
Republic of Texas, by the State of Texas, through having placed in their hands 
the custody of the Alamo property, in the defense of which they have been 
forced into the courts, and have had to resort to contentious measures altogether 
distasteful, and unbecoming to the dignity of this great organization; and 

Whereas, While deeply appreciating the high honor conferred by the State 
upon the Daughters of the Republic of Texas by the conveyance of this trust, 
and which they have endeavored to defend to the best of their ability, yet in 
the interest of the harmony and dignity of this organization it is asked that the 
State of Texas will resume the custody of the Alamo property; therefore, be it 

Resolved by the Executive Committee of the Daughters of the Republic of 
Texas, That the Thirty-first Legislature of the State of Texas l^e, and is hereby, 
requested to so amend said act of the Twenty-ninth Legislature providing for 
the purchase, care and preservation of the Alamo property, so as to relieve the 
Daughters of the Republic of Texas from the custody and care of the entire 
Alamo property now owned by the State of Texas, and that a commission be 
created of not less than five persons, to be male citizens of the State of Texas, 



—157— 

to be appointed by the Governor of the State of Texas, who are to serve without 
compensation, and to assume the custody and care of said property, with such 
powers as to the Lcgishiture may seem proper and wise. 

Kesolved, That as the Daughters of the Kepublic of Texas have been put to 
considerable expense in defending this trust aforesaid, the Executive Committee 
asks that the Legislature will reimburse the organization for such expenditure, 
b,y allowing so much of the amount of the income that has accrued from the 
Alamo property, during the custodianship of the Daughters of the Republic of 
Texas, that this outlay may be met. It is also asked that allowance be made 
for the sum of fourteen hundred and fifty ($1450) dollars, still due Mrs. Clara 
DriseoU Sevier, for taxes paid on the said property by herself, and for which 
tlie State made no provision at the time of the purchase. 

Resolved further. That a certified copy of these resolutions be transmitted by 
tlie Secretary, under the seal of the Daughters of the Republic of Texas, to tlie 
Governor of the State of Texas, to the President of the Senate and to the 
Speaker of the House; and that the said President of the Senate and the 
Speaker of the House are hereby respectfully requested to have said resolutions 
read to the Senate and the House in open session, respectively, and recorded in 
the Journal of each. 

Rebecca J. Fisher, 
President, Daughters of the Republic of Texas. 
Maggie G. Milby, 
General Secretary, Daughters of the Republic of Texas. 

Mrs. Stone, seconded by Mrs. Milby, moved the adoption of the resolution. 
Discussion followed, but final action was deferred for the arrival of Mrs. Dibrell, 
who was expected at a later hour, and other business, on motion, was taken up. 

Mrs. Fisher strongly urged that the public school buildings of Texas shall be 
named for the heroes of tlie Texas Revolution. Mrs. Stone moved "that, in 
view of the fact that the government of the Republic of Texas provided for the 
free education of the children of Texas, the Executive Committee, D. R. T., 
recommends that the names of places and heroes connected with the Texas Revo- 
lution be first considered in the naming of the public schools of this State, and 
of the several new buildings connected with the State University." Motion 
carried. 

Mrs. McKeever moved that this resolution be addressed to the school boards 
through the State School Journal, and a copy be sent to Mr. R. B. Cousins, 
State Superintendent of Public Instruction. Motion adopted. 

ilrs. Dibrell's arrival having been delayed, it was decided, on motion, to 
adjourn until the next morning. 

Saturday Morning, January 9. 

The Executive Committee met in the D. R. T. room at 10 o'clock, Mrs. Fisher in 
the chair. Members present, :\Iesdames Milby, Urwitz, McKeever, Dibrell, Stone 
and Miss Burleson. Meeting opened by repeating the Lord's Prayer, after which 
tlie minutes of the previous day's meetings were read and adopted. 

]\lrs. Dibrell moved that all bills incurred with the approval of the Executive 
Committee shall be paid from tlie State Treasury. Motion adopted. 

Mrs. Urwitz moved "that the resolutions relating to the custody of the Alamo 
property be now taken up and considered." Carried. After some slight amend- 
ment, which the committee accepted, Mrs. Dibrell, seconded by Mrs. Milby, moved 
tlie adoption of the resolutions as amended. Carried by a vote of six of the 
members. 

Mrs. Dibrell moved that a copy of these resolutions be sent to the Governor, 
the President of the Senate, and the Speaker of the House of Representatives, 
and that it be given to tlie press. Adopted. 

Mrs. Stone moved "that five hundred copies be ordered printed, and on the 
meeting of the Legislature, the same he placed on the desk of each member of the 
Senate and House." Carried. 



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